Case Type

Holdover-Non-primary Residence

Housing Type

Rent Stabilized

Court

Civil Court of the City of New York

County

New York County (Manhattan)

L&T / Index / Case / Docket / Clerk's Number

L&T 92830/2009

Slip Opinion Number

2024 NY Slip Op 51250(U)

Petitioner

178 East 70th Street LLC

Respondent

Carol Woodward, Zachary Levy

Judge

Ortiz, Frances A.

Decision/Order Date

2024-09-11

Posture

Other

Disposition

Other

Winner

Tenant Substantially Won

Synopsis

In this non-primary residence holdover case, the landlord sought to evict the tenant of record. The tenant's son asserted succession rights and ultimately prevailed after a 14-year legal battle. The court dismissed the eviction proceeding, recognizing the son's right to succeed to the tenancy. Subsequently, the son sought attorney's fees as the prevailing party. The court awarded $53,145 in attorney's fees and costs, including fees for the son's pro se work at a paralegal rate. This decision notably allows for attorney's fees to be awarded to a successful pro se litigant in a housing court case.

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