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TENANT WHO ABATES NUISANCE GETS NO FEES

In Townhouse Co. v. Peters , a nuisance holdover proceeding had been filed against Frances Peters.

Townhouse alleged that Peters' apartment was so cluttered and unkempt, that eviction was merited.

Peters countered that the condition had been remedied and agreed to allow Townhouse to inspect the unit in order to determine whether a cure had been effected. After two of those visits, Townhouse sought to end or "discontinue" the case.

Interestingly, when the parties were unable to agree on the terms of the discontinuance,  Townhouse asked the court for an order ending the case. The New York County Civil Court granted the motion, but conditioned the request upon Townhouse's payment of Peters' legal fees and costs.

On appeal, the Appellate Term, First Department, disagreed with that result and vacated the fee award. The AT1 was of the opinion that "absent a showing of prejudice to tenant, landlord's motion to discontinue should have been granted unconditionally."

Can't the incurrence of legal fees be a form of "prejudice?" And, was relief denied to the tenant because she was not free of guilt in this particular instance? Unfortunately, the decision fails to address those questions.

We do know this: At this point, Townhouse is probably petered out.

For a copy of the Appellate Term's decision, please use this link: Townhouse Co. v. Peters

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