Landlord Gets Fees for Nonpayment Case

August 31, 1999

LVT Number: 13466

Landlord sued to evict tenants for nonpayment of rent. Tenants claimed breach of the warranty of habitability. The court gave tenants a one-year, 5 percent rent abatement based on a faulty elevator. Landlord then asked for attorney's fees as the prevailing party. The court ruled against landlord. Because tenants got a rent cut, landlord didn't ''win'' the case. Landlord appealed and won. The case was hard-fought, and tenants had claimed much more serious damage. Looking at the whole case, landlord won and could get attorney's fees.

Landlord sued to evict tenants for nonpayment of rent. Tenants claimed breach of the warranty of habitability. The court gave tenants a one-year, 5 percent rent abatement based on a faulty elevator. Landlord then asked for attorney's fees as the prevailing party. The court ruled against landlord. Because tenants got a rent cut, landlord didn't ''win'' the case. Landlord appealed and won. The case was hard-fought, and tenants had claimed much more serious damage. Looking at the whole case, landlord won and could get attorney's fees.

Solow v. Bradley: NYLJ, p. 22, col. 1 (8/10/99) (App. T.1 Dept.; Parness, PJ, Freedman, Davis, JJ)

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