Judge Kevin McClanahan
Tenant Huss sought an order restraining landlord Fried from harassing her. The court granted Fried’s motion to dismiss finding Huss failed to provide proof supporting her allegations. Fried now moved for an award of attorney fees. Local Law 7 was to provide new and greater protections for tenants experiencing harassment by landlords attempting to force them to abandon their apartments. It did not define the word frivolous leaving the ambiguity for the court to construe the statute. The court noted the rule regarding entitlement to attorney fees in Local Law 7 should be strictly and narrowly construed, like the "frivolous sanction" rules. It stated it was incumbent on the court to balance two policiesextending to plaintiffs who perceived themselves as aggrieved their day in court, and shielding innocent defendants from the expense and anxiety of baseless litigation. The court found an award of attorney fees was unwarranted, concluding while Huss did not establish her claim for harassment, imposition of a statutory penalty was unwarranted. It noted it did not find Huss had the intent to harass Fried, believing she and her husband were the ones being harassed by him. The court did not find Huss engaged in a pattern of conduct asserting baseless claims, and denied the motion.
