Chris Mac Co. v. Johnson-Ono

I respectfully dissent. Civil Court did

not abuse its discretion in conditioning the discontinuance of these consolidated holdover proceedings upon landlord’s payment of tenants’ legal fees.

In March 1997, landlord commenced these two holdover proceedings alleging that respondents illegally removed the *526wall between their two apartments to create one unit. Fourteen months later, on the May 20, 1998 scheduled trial date, landlord made an oral application to discontinue both proceedings. It is not disputed that in response to this application tenants’ attorney requested that legal fees be awarded…