Landlord Gets Fees for Nonpayment Case

April 1, 2001

LVT Number: 14839

Landlord sued to evict tenant for nonpayment of rent. Tenant owed back rent totaling $7,300. Tenant signed a settlement agreement, requiring him to pay $6,000. But tenant claimed breach of the warranty of habitability barred landlord's collection of the rest of the back rent. After the trial, the court awarded tenant a 5 percent rent abatement. So landlord was awarded a total of $6,500 of the $7,300 sought. Landlord then asked for an award of attorney's fees. The court ruled for landlord. Tenant appealed, claiming that landlord didn't win the case, so it wasn't entitled to attorney's fees.

Landlord sued to evict tenant for nonpayment of rent. Tenant owed back rent totaling $7,300. Tenant signed a settlement agreement, requiring him to pay $6,000. But tenant claimed breach of the warranty of habitability barred landlord's collection of the rest of the back rent. After the trial, the court awarded tenant a 5 percent rent abatement. So landlord was awarded a total of $6,500 of the $7,300 sought. Landlord then asked for an award of attorney's fees. The court ruled for landlord. Tenant appealed, claiming that landlord didn't win the case, so it wasn't entitled to attorney's fees. The appeals court ruled against tenant. Tenant had asked the court for a much bigger rent abatement and lost on that issue. In the circumstances of the case, it was proper to award attorney's fees to landlord.

Glorious 84 Realty Co. v. Daly: NYLJ, 3/7/01, p. 18, col. 1 (App. T.1 Dept.; Parness, PJ, McCooe, Davis, JJ)

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