Landlord-Tenant—Owner and Attorney Sanctioned for Commencing and Prosecuting Two Baseless Holdover Proceedings—Attorney Fined $3,000—Tenant Awarded Approximately $130,000 for Costs, Expenses and Attorneys’ Fees—Decision Sent to Disciplinary Committee
An owner had commenced a holdover proceeding, seeking possession of an entire floor of the subject loft building. The owner had terminated the tenant’s month to month tenancy. The petition stated that the premises was not a multiple dwelling. The tenant’s motion to dismiss the proceeding had been granted. While the motion was subjudice, the owner had commenced a licensee holdover proceeding against the same tenant and that proceeding had been dismissed. Following dismissal of the subject holdover proceeding, the tenant moved for sanctions, costs, and attorney’s fees pursuant to 22 NYCRR 130-1.1 (Rule 130). The tenant’s motion was granted and a hearing was then held with respect to penalties.
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