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$80,000.00 Attorneys Fees Awarded to Elderly Woman who had Occupied her Rent-Stabilized Apartment for 35 Years, when she was Evicted by Landlord on Default of One Month's Rent while she was Vacationing in Florida

May 2004 Settlement of Interest

We obtained an $80,000.00 settlement for a Rent Stabilized tenant who was wrongfully evicted for an alleged default in a proceeding for non-payment of rent. The Housing Court refused to restore the tenant to possession of her apartment. On appeal, we obtained an order from the appellate court restoring the tenant to possession of her apartment. We then initiated a suit in Supreme Court on the tenant's behalf for compensatory, punitive and treble damages as a result of the wrongful eviction, and obtained an order for a preference for an immediate trial based on the tenant's advanced age. Subsequently, we obtained a ruling in the Housing Court that tenant was entitled to have landlord pay her legal fees. The case settled on the eve of the legal fee hearing.

Hess v. Blackstone
(Sup. Ct. Bronx Cty. 3/3/04)

Court granted a 73 year old Plaintiff a special trial preference pursuant to CPLR Section 3403(a)(4) based upon her age.  Link to Full Text of Decision  

Blackstone v. Hess
(Civ. Ct. Bronx Cty. 1/30/04)

The court found that as the "prevailing party," the defendant-respondent-tenant is entitled to an award of attorneys' fees.  Link to Full Text of Decision    

Blackstone v. Hess
(App. Div. 1st Dept. 2/6/03)

The decision below was affirmed on landlord's motion to appeal. Tenant was restored to her apartment.  Link to Full Text of Decision  

Blackstone v. Hess
2002 N.Y. Slip Op. 50281(U) (App. Term 1st Dept. 6/3/02)

Respondent-tenant-appellant, an elderly woman who had occupied her Rent Stabilized apartment for 35 years, was evicted by landlord on default of one month's rent while vacationing in Florida. The lower court refused to vacate the default and restore tenant to possession, saying the application was brought too late. Appellate Term overruled and found that considering the circumstances and the modest amount of payment default, the court should have granted tenant's motion for vacatur and for restoration to her apartment.  Link to Full Text of Decision 

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