Neither Side Gets Attorney's Fees in Nonpayment Dispute
LVT Number: #24610
Landlord cooperative corporation sued to evict tenant shareholder for nonpayment of maintenance. Tenant claimed constructive eviction and asked for a maintenance abatement and attorney's fees. In 2004, a serious flood had occurred after a pipe burst in the upstairs apartment. Tenant's duplex apartment was rendered uninhabitable for four months. The court ruled for landlord in part, awarding landlord some maintenance arrears, giving tenant some abatement, but denying attorney's fees to either side. Both sides appealed.