No Fees to Landlord or Tenant in Nonpayment Case

August 31, 2001

LVT Number: 15207

Landlord sued to evict tenant for nonpayment of rent. The court awarded landlord $5,400 in back rent and gave tenant a $1,200 rent abatement. Both sides asked for attorney's fees. The court ruled against both landlord and tenant, and they both appealed. The appeals court ruled against both sides. The outcome of the case was mixed, and neither landlord nor tenant clearly won. And the trial court noted in its decision that the case should have been settled.

Landlord sued to evict tenant for nonpayment of rent. The court awarded landlord $5,400 in back rent and gave tenant a $1,200 rent abatement. Both sides asked for attorney's fees. The court ruled against both landlord and tenant, and they both appealed. The appeals court ruled against both sides. The outcome of the case was mixed, and neither landlord nor tenant clearly won. And the trial court noted in its decision that the case should have been settled.

Simkowitz v. Birden: NYLJ, 8/16/01, p. 18, col. 1 (App. T.1 Dept.; McCooe, JP, Davis, Suarez, JJ)

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