ATTORNEY'S FEES

Court Denies Tenant Attorney's Fees After Landlord Discontinues Case

February 24, 2021    

Landlord sued to evict tenant but asked the court for a discontinuance of the proceeding after pretrial discovery raised questions about the nature of tenant's occupancy. The court agreed and denied tenant's...

Tenants Can't Get Additional Attorneys' Fees from DHCR for PAR

February 22, 2021    

(Decision submitted by Ronald S. Languedoc, Esq. of the Manhattan law firm of Himmelstein, McConnell, Gribben, Donoghue & Joseph LLP, attorneys for the tenants.)

Tenants in one apartment claimed...

Lease Didn't Provide for Attorney's Fees

January 26, 2021    

Tenant sued landlord for: (a) a declaratory judgment voiding a settlement in a prior rent overcharge action against prior landlord and determining tenant's lawful rent;; and (b) damages for his claimed overcharge...

Tenant Gets No Attorney's Fees in DHCR Rent Overcharge Proceeding

September 26, 2020    

Rent-stabilized tenant who moved into an apartment in 2010 complained of rent overcharge in 2016. The DRA ruled for tenant in 2018 and ordered landlord to refund $5,384 with triple damages and interest. The DRA then...

Tenant's Legal Aid Attorneys Get $24,000 in Attorney's Fees

May 25, 2020    

Landlord sued to evict rent-stabilized tenant. The court ruled against landlord and ordered landlord to offer tenant a proper renewal lease within 15 days. Tenant later asked the court to hold landlord in contempt...

Successor Tenant Not Entitled to Attorney's Fees

April 27, 2020    

Landlord sued to evict occupant of rent-stabilized apartment who claimed succession rights. The court ruled for the occupant, who then asked the court to restore the proceeding for a hearing on her request for...

1985 Lease Entitles Tenant to Attorney's Fees in Eviction Case

March 23, 2020    

Rent-stabilized tenant asked for attorney's fees as the prevailing party after the court dismissed landlord's holdover eviction proceeding against tenant. The court denied tenant's request for attorney...

Tenant Can't Rely on Nonbinding Lease Agreement to Get Attorney's Fees

August 12, 2019    

Landlord sued to evict tenant for nonpayment of rent. The court granted tenant's request to dismiss the case but denied tenant's request for attorney's fees. Tenant appealed and lost. Real Property Law...

Tenant Gets Attorney's Fees After Landlord Discontinues Eviction Case

July 23, 2019    

Landlord sued to evict tenant for creating a nuisance. Landlord later discontinued the case without prejudice in order to avoid a court-ordered traverse hearing based on tenant's claim of improper service of...

Tenant Gets Attorney Fees Where Landlord Produced Contrary Lease Rider Too Late

July 22, 2019    

Landlord sued to evict tenant for creating a nuisance. The court ruled against landlord and set the case down for a hearing months later on the amount of attorney's fees to be granted to tenant under the terms of...

Proprietary Lease Provision Was Unenforceable

December 26, 2018    

Cooperative shareholder tenant sued landlord co-op for failing to transfer shares to her for another apartment in the building owned by her husband. In response, landlord counterclaimed for attorney's fees. The...

Landlord Can't Get Attorney's Fees for Eviction Case

December 21, 2018    

Landlord sued to evict tenant. After tenant's lease expired, landlord claimed that tenancy became month to month, and landlord sent a 30-day termination notice before starting the eviction proceeding. On the date...