Landlord Entitled to Attorney's Fees

April 30, 2010

LVT Number: #22630

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a breach of the warranty of habitability. After a trial, the court ruled that tenant owed $6,088 in back rent for eight months and that tenant was entitled to a small rent abatement totaling $200. Landlord then asked for attorney’s fees. The court ruled against landlord. Landlord appealed and won. The small rent abatement awarded to tenant amounted to 1 percent of the total rent owed.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a breach of the warranty of habitability. After a trial, the court ruled that tenant owed $6,088 in back rent for eight months and that tenant was entitled to a small rent abatement totaling $200. Landlord then asked for attorney’s fees. The court ruled against landlord. Landlord appealed and won. The small rent abatement awarded to tenant amounted to 1 percent of the total rent owed. Under the circumstances, landlord was the prevailing party and was entitled under the terms of the lease to attorney's fees.

K.C. Kura, LLC v. Praschnik-Buchman: NYLJ, 4/28/10, p. 38, col. 5 (App. T. 2 Dept.; Pesce, JP, Weston, Steinhardt, JJ)

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