Scott E. Mollen Realty Law Digest
Scott E. Mollen, a partner at Herrick, Feinstein, discusses "One Wythe LLC v. Elevations Urban Landscape Design Inc," where the court held the tenant was entitled to attorney fees for non-residential tenant harassment.
August 11, 2020 at 01:32 PM
17 minute read
Landlord-Tenant—Although Landlord Not Liable for Sanctions Pursuant to 22 NYCRR 130-1.1 or for Contempt, Tenant Entitled to Attorney Fees Based on 2019 Commercial Tenant Harassment Statute—Landlord's Counsel Had Presented a "Strained, Tenuous, Stretched Hyper-Technical Argument"
A landlord moved for leave to reargue a court's prior decision which had granted a commercial tenant's motion to dismiss and for sanctions. The court granted the motion for reargument, reaffirmed the dismissal, denied the motion for costs and sanctions pursuant to the 22 NYCRR 130-1.1(c) and awarded the tenant a judgment for attorney fees based on NYC Admin. Code (AC) §22-902, 903.
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