Is a tenant entitled to a summary dismissal of a motion for attorney's fees?
"New York", United States of America
The following excerpt is from 208-210 E. 7th LLC v. Martinez, 17 N.Y.S.3d 386 (Table) (N.Y. App. Term 2015):
Given tenant's failure to meet her initial burden of demonstrating entitlement to judgment as a matter of law, summary dismissal of the petition should have been denied irrespective of the sufficiency of landlord's opposition (see Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324 [1986] ). In such posture, tenant's entitlement to attorneys' fees as the prevailing party in this litigation was premature.
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