Landlord Entitled to Pre-Judgment Interest

June 30, 1996

LVT Number: 10698

Landlord sued to evict tenant for nonpayment of rent. The court ruled for tenant and awarded him attorney's fees. Still, tenant did owe some back rent, which was reflected in the court's order. Landlord claimed it was entitled to interest on the back rent owed. The court ruled against landlord because, overall, tenant had been the winner of the case. Landlord appealed and won. Even if tenant was the prevailing party, landlord was entitled to prejudgment interest by law. For purposes of the interest payment, it didn't matter who won the case.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for tenant and awarded him attorney's fees. Still, tenant did owe some back rent, which was reflected in the court's order. Landlord claimed it was entitled to interest on the back rent owed. The court ruled against landlord because, overall, tenant had been the winner of the case. Landlord appealed and won. Even if tenant was the prevailing party, landlord was entitled to prejudgment interest by law. For purposes of the interest payment, it didn't matter who won the case.

10 E. 76th St. Assocs. v. McNamara: NYLJ, p. 31, col. 3 (6/12/96) (App. T. 1 Dept.; Parness, JP, McCooe, JJ)

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