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March 29, 2017

Congrats to Peter on his recent victory in the Appellate Division, Second Department!

Congrats to Peter on his recent victory in the Appellate Division, Second Department!  We represented a commercial landlord that was sued by one of its tenants for breach of the tenant’s lease.  The matter was settled in the trial court with no monetary payment by the landlord, but the tenant later filed a motion claiming that it was entitled to an award of attorneys’ fees. Prior to the settlement, the tenant’s claim for attorneys’ fees had been dismissed by the trial court because the lease did not allow the tenant to recover attorneys’ fees from the landlord, but in a bid to recover its litigation costs and fees, the tenant filed a motion claiming that the landlord acted frivolously when it made certain denials in its answer to the tenant’s lawsuit.  The trial court denied the tenant’s motion, and on appeal, the Second Department affirmed the denial of attorneys’ fees to the tenant, finding that the landlord’s answer to the lawsuit pleaded a viable legal theory of defense and that the landlord did not act frivolously defending the case.

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