Landlord Gets Fees in Nonpayment Case

September 30, 1998

LVT Number: 12646

Landlord sued to evict tenant for nonpayment of rent. The court awarded landlord eight months' rent totaling $3,600. The court also gave tenant a 10 percent rent abatement for two months, totaling $93.00, based on tenant's claim of breach of the warranty of habitability. Landlord then asked for attorney's fees. The court ruled against landlord because landlord didn't win the case entirely. Landlord appealed and won. Landlord won the case for the most part, so landlord was the ''prevailing party'' and could get attorney's fees.

Landlord sued to evict tenant for nonpayment of rent. The court awarded landlord eight months' rent totaling $3,600. The court also gave tenant a 10 percent rent abatement for two months, totaling $93.00, based on tenant's claim of breach of the warranty of habitability. Landlord then asked for attorney's fees. The court ruled against landlord because landlord didn't win the case entirely. Landlord appealed and won. Landlord won the case for the most part, so landlord was the ''prevailing party'' and could get attorney's fees. Tenant received only a small award from the court and his punitive damages claim was dismissed entirely. Landlord should also have been awarded prejudgment interest on the back rent.

Rossmill Assocs. v. Westmoreland: NYLJ, p. 21, col. 2 (9/22/98) (App. T. 1 Dept.; McCooe, JP, Davis, Gonzalez, JJ)

Topics

More like this