Landlord Can Get Fees in Nonpayment Case

April 30, 1999

LVT Number: 13168

Landlord sued to evict tenant. The court ruled for landlord but reduced the amount of use and occupancy based on a breach of the warranty of habitability. Both sides asked for attorney's fees. The court ruled for tenant, awarding tenant $2,370 in attorney's fees. Landlord appealed. The appeals court ruled that landlord could get some attorney's fees because landlord had won other parts of the case. Since landlord's case was in large part settled by agreement before the trial, landlord's attorney's fee award was limited to $400.

Landlord sued to evict tenant. The court ruled for landlord but reduced the amount of use and occupancy based on a breach of the warranty of habitability. Both sides asked for attorney's fees. The court ruled for tenant, awarding tenant $2,370 in attorney's fees. Landlord appealed. The appeals court ruled that landlord could get some attorney's fees because landlord had won other parts of the case. Since landlord's case was in large part settled by agreement before the trial, landlord's attorney's fee award was limited to $400.

ATM Four, LLC v. Rodriguez: NYLJ, p. 29, col. 2 (4/21/99) (App. T. 2 Dept.; Floyd, JP, Palella, Levitt, JJ)

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