Landlord Didn't Win Nonpayment Case

March 1, 1999

LVT Number: 13021

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability based on two apartment conditions found by the court to be building violations. The court gave tenant a 10 percent rent abatement. Landlord then asked the court for attorney's fees. The court ruled for landlord, finding that he was the prevailing party. Tenant appealed and won. The major, if not the only, issue of the trial was whether landlord had breached the warranty of habitability. Since the court found that landlord had done so, landlord hadn't won the case.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability based on two apartment conditions found by the court to be building violations. The court gave tenant a 10 percent rent abatement. Landlord then asked the court for attorney's fees. The court ruled for landlord, finding that he was the prevailing party. Tenant appealed and won. The major, if not the only, issue of the trial was whether landlord had breached the warranty of habitability. Since the court found that landlord had done so, landlord hadn't won the case.

Oster v. Feiger: NYLJ, p. 28, col. 6 (2/4/99) (App. T. 1 Dept.; Freedman, JP, Davis, J)

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