Liaskis v. Feiling

AI Liaskis initiated a forcible entry and detainer action to recover possession of premises occupied by Jeanette Feiling. In response, Feiling filed four counterclaims and an affirmative defense alleging retaliatory eviction. Prior to trial, Feiling voluntarily dismissed her counterclaims and the parties agreed to judgment for possession in favor of plaintiff. The trial court subsequently denied plaintiff’s section 41 petition for costs and attorney fees. Plaintiff appeals.

Defendant was a tenant in an apartment building owned by plaintiff. On December 3, 1979, plaintiff filed a forcible entry…