Landlord Gets Fees in Nonpayment Case

LVT Number: 11269

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and awarded it attorney's fees. Tenant appealed, claiming that landlord didn't win the case. The appeals court ruled against tenant. The court had ruled that landlord was entitled to back rent for 21 months, totaling over $25,000. Tenant received a 10 percent rent abatement for 18 months and a 5 percent abatement for three months. Tenant also received reimbursement for repairs. Under the circumstances, landlord was the prevailing party and could get attorney's fees.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and awarded it attorney's fees. Tenant appealed, claiming that landlord didn't win the case. The appeals court ruled against tenant. The court had ruled that landlord was entitled to back rent for 21 months, totaling over $25,000. Tenant received a 10 percent rent abatement for 18 months and a 5 percent abatement for three months. Tenant also received reimbursement for repairs. Under the circumstances, landlord was the prevailing party and could get attorney's fees.

Jefferson Tenants Corp. v. Isaacs: NYLJ, p. 25, col. 2 (2/25/97) (App. T. 1 Dept.; Parness, JP, McCooe, Davis, JJ)