Landlord Gets Fees for Nonpayment Case

November 1, 1999

LVT Number: 13609

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled in large part for landlord, giving tenant a 6 percent rent abatement, but directing tenant to pay $55,000 in back rent. Landlord asked for attorney's fees. The court ruled for landlord and awarded attorney's fees of $115,000. Tenant appealed and lost. Tenant got a small rent abatement after extensive court proceedings. Tenant would have gotten a bigger rent abatement if he had accepted landlord's settlement offer.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled in large part for landlord, giving tenant a 6 percent rent abatement, but directing tenant to pay $55,000 in back rent. Landlord asked for attorney's fees. The court ruled for landlord and awarded attorney's fees of $115,000. Tenant appealed and lost. Tenant got a small rent abatement after extensive court proceedings. Tenant would have gotten a bigger rent abatement if he had accepted landlord's settlement offer. Under the circumstances, landlord was the prevailing party and was entitled to attorney's fees. But the court reduced the amount of the attorney's fees awarded from $115,000 to $75,000.

1050 Tenants Corp. v. Lapidus: NYLJ, p. 26, col. 1 (10/19/99) (App. T.1 Dept.; Parness, PJ, McCooe, Davis, JJ)

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