Case Had No Prevailing Party

April 1, 2000

LVT Number: 13962

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord had collected a rent overcharge and breached the warranty of habitability. The court ruled for tenant in part. There was no overcharge, but there had been water damage to tenant's apartment. So the court gave tenant a 15 percent rent abatement. The court also ruled that tenant owed landlord $10,000 in back rent for an 18 month period after the rent abatement. Tenant then asked the court for attorney's fees. The court ruled for tenant. Landlord appealed and won. Neither side won completely in this case.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord had collected a rent overcharge and breached the warranty of habitability. The court ruled for tenant in part. There was no overcharge, but there had been water damage to tenant's apartment. So the court gave tenant a 15 percent rent abatement. The court also ruled that tenant owed landlord $10,000 in back rent for an 18 month period after the rent abatement. Tenant then asked the court for attorney's fees. The court ruled for tenant. Landlord appealed and won. Neither side won completely in this case. So there was no prevailing party, and neither landlord nor tenant was entitled to attorney's fees.

Uptown Realty Unlimited, LLC v. Svoboda: NYLJ, 3/6/00, p. 24, col. 6 (App. T.1 Dept.; Parness, PJ, McCooe, Davis, JJ)

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