No Attorney's Fees in Nonpayment Case After Rent Abatement

May 12, 2012

LVT Number: #24096

Landlord sued to evict tenant for nonpayment of rent. After a trial, landlord got a judgment of possession and a money judgment of $10,650. Tenant, in turn, received a rent abatement totalling $3,100 based on breach of warranty of habitability. Tenant then asked for attorney's fees. The court ruled for tenant. Landlord appealed and won. Tenant had sought a much larger rent abatement, and, based on the result, neither side was the prevailing party in the case. So tenant wasn't entitled to attorney's fees.

Landlord sued to evict tenant for nonpayment of rent. After a trial, landlord got a judgment of possession and a money judgment of $10,650. Tenant, in turn, received a rent abatement totalling $3,100 based on breach of warranty of habitability. Tenant then asked for attorney's fees. The court ruled for tenant. Landlord appealed and won. Tenant had sought a much larger rent abatement, and, based on the result, neither side was the prevailing party in the case. So tenant wasn't entitled to attorney's fees.

4702 Chiel Kurtz Realty, LLC v. Molano: 2012 WL 1231754, 2012 NY Slip Op 22096 (App. T. 2 Dept.; 4/4/12; Pesce, PJ, Golia, Aliotta, J)

Topics

More like this