No Fees to Landlord in Nonpayment Case

December 1, 2003

LVT Number: 16970

Landlord sued to evict various tenants for nonpayment of rent. After the case was over, landlord asked the court for attorney's fees. The court ruled against landlord. Landlord appealed and lost. Tenants paid all claimed back rent and didn't pursue a claim for a rent abatement. In these circumstances, even if landlord could be viewed as the winning party, the court properly exercised its discretion not to award attorney's fees.

Landlord sued to evict various tenants for nonpayment of rent. After the case was over, landlord asked the court for attorney's fees. The court ruled against landlord. Landlord appealed and lost. Tenants paid all claimed back rent and didn't pursue a claim for a rent abatement. In these circumstances, even if landlord could be viewed as the winning party, the court properly exercised its discretion not to award attorney's fees.

Solow Mgmt. Corp. v. Lowe: NYLJ, 11/10/03, p. 28, col. 2 (App. Div. 1 Dept.; Nardelli, JP, Mazzarelli, Andrias, Sullivan, Lerner, JJ)

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