Landlord Gets Fees in Nonpayment Case

(Decision submitted by William J. Neville of the Manhattan law firm of Finkelstein, Bosrah, Schwartz, Altschuler & Goldstein, P.C., attorneys for the landlord.) Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord but gave tenant a small rent abatement. Landlord then sought attorney's fees. The court ruled for landlord on this issue. Landlord was the prevailing party in the case, even though tenant got a rent abatement. Landlord was awarded $4,400 in back rent, and tenant got an abatement of $108. The amount of abatement actually granted to tenant was much less than what tenant had asked for. So tenant couldn't be considered the prevailing party in the case, entitled to attorney's fees.

Supreme Co. v. Tsuchiatani: Index No. 116332/94 (12/7/95) (Civ. Ct. NY; Hahn, J) [1-page document]