Landlord Gets Fees for Nonpayment Case

May 31, 1995

LVT Number: 9722

Landlord sued to evict tenant for nonpayment of rent. The court awarded landlord possession and $62,000 in back rent. The court offset this amount by a $5,000 rent abatement for breach of the warranty of habitability. Landlord then asked for attorney's fees. The court ruled for landlord on this issue and tenant appealed. The appeals court ruled against tenant. In this case, landlord was the ìprevailing party,î given the large award and the relatively small rent abatement. Tenant had raised 13 defenses, most of which were denied.

Landlord sued to evict tenant for nonpayment of rent. The court awarded landlord possession and $62,000 in back rent. The court offset this amount by a $5,000 rent abatement for breach of the warranty of habitability. Landlord then asked for attorney's fees. The court ruled for landlord on this issue and tenant appealed. The appeals court ruled against tenant. In this case, landlord was the ìprevailing party,î given the large award and the relatively small rent abatement. Tenant had raised 13 defenses, most of which were denied.

Peachy v. Rosenzweig: NYLJ, p. 28, col. 5 (5/25/95) (App. Div. 1 Dept.; Rosenberger, JP, Ellerin, Rubin, Ross, Tom, JJ)

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