Tenant's Conduct Not Frivolous

Landlord sued to evict tenant. Landlord and tenant signed a settlement agreement in court. Landlord was granted a judgment, and an eviction warrant was issued. Execution of the warrant was delayed. Tenant agreed to move out by a certain date and to pay rent in the meantime. Landlord later instructed the marshal to deliver the eviction notice because tenant missed two rent payments, in violation of the agreement. Tenant asked the court to stop the eviction. The court date was Sept. 25, 2007. On that date, landlord and tenant agreed to settle, and the motion was adjourned to Oct. 9. On Oct. 9, no new settlement agreement was signed because tenant didn't appear personally. Landlord then asked for attorney's fees. Landlord claimed that, if tenant had simply signed the new settlement agreement, the Oct. 9 court date wouldn't have been necessary. Landlord claimed that tenant's conduct was frivolous and was intended to delay the case. The court ruled against landlord. Tenant's attorney had appeared, but tenant was out of town and therefore couldn't sign the agreement. There was no proof that tenant's actions were intended to delay matters or harass landlord.

Trian Realty LLC v. Ayorinde: NYLJ, 11/28/07, p. 33, col. 1 (Civ. Ct. Kings; Ash, J)