Tenant Gets Fees for Nuisance Case

April 30, 1995

LVT Number: 9642

Landlord sued to evict tenant for nuisance. The court ruled against landlord and awarded attorney's fees to tenant. Landlord appealed and lost again. But the appeals court reduced tenant's award of attorney's fees by about 25 percent. Tenant then asked for attorney's fees spent defending against landlord's appeal. The court refused to award tenant attorney's fees for the appeal, finding that both sides won and lost at the appeals level. Tenant challenged this ruling and the appeals court ruled for tenant. The main issue on the prior appeal was whether it was proper to dism

Landlord sued to evict tenant for nuisance. The court ruled against landlord and awarded attorney's fees to tenant. Landlord appealed and lost again. But the appeals court reduced tenant's award of attorney's fees by about 25 percent. Tenant then asked for attorney's fees spent defending against landlord's appeal. The court refused to award tenant attorney's fees for the appeal, finding that both sides won and lost at the appeals level. Tenant challenged this ruling and the appeals court ruled for tenant. The main issue on the prior appeal was whether it was proper to dism

390 West End Associates v. Steppacher: NYLJ, p. 25, col. 3 (4/12/95) (App. T. 1 Dept.; Ostrau, PJ, Miller, Glen, JJ)

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