Landlord Gets Fees in Nonpayment Case

December 1, 1999

LVT Number: 13684

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and landlord requested attorney's fees. The court granted landlord's request, and tenant appealed, claiming that landlord wasn't the winning party in the case and so wasn't entitled to attorney's fees. The appeals court ruled against tenant. The court awarded landlord all back rent due without any setoff or rent abatement, denied all of tenant's claims against landlord, and found that tenant willfully didn't give landlord access for repairs.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, and landlord requested attorney's fees. The court granted landlord's request, and tenant appealed, claiming that landlord wasn't the winning party in the case and so wasn't entitled to attorney's fees. The appeals court ruled against tenant. The court awarded landlord all back rent due without any setoff or rent abatement, denied all of tenant's claims against landlord, and found that tenant willfully didn't give landlord access for repairs. So landlord clearly was the winning party and entitled to attorney's fees.

Hudson Towers Assocs. v. Rubackin: NYLJ, p. 28, col. 6 (11/26/99) (App. T.1 Dept.; Freedman, JP, McCooe, Davis, JJ)

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