Attorney's fees are not granted to tenant after dismissal.Petitioner owner of a two-family house brought a nonpayment proceeding against respondent tenant. The proceeding was dismissed after the court sustained a traverse traverse - traversal claim after a hearing. Tenant now moved for legal fees incurred. The court discussed Real Property Law 234. The court said that although there was a lease provision triggering a right to an award of attorney's fees attorney's fee n. the payment for legal services. It can take several forms: 1) hourly charge, 2) flat fee for the performance of a particular service (like $250 to write a will), 3) contingent fee (such as one-third of the gross recovery, and nothing if there is no , such an award could be granted only upon the "ultimate outcome of the controversy." Here it was likely that the landlord would commence a new proceeding for the same rental arrears A sum of money that has not been paid or has only been paid in part at the time it is due. A person who is "in arrears" is behind in payments due and thus has outstanding debts or liabilities. . A dismissal on the ground of lack of personal jurisdiction was not the "ultimately outcome" of the controversy under these circumstance, the court concluded. Thus tenant's motion for legal fees was denied without prejudice Without any loss or waiver of rights or privileges. When a lawsuit is dismissed, the court may enter a judgment against the plaintiff with or without prejudice. When a lawsuit is dismissed without prejudice to renewal in a subsequent proceeding. NY Law Journal |
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