Landlord Gets Fees for Nonpayment Case

(Decision submitted by Karen Schwartz-Sidrane of the Lake Success law firm of Pennisi Daniels & Norelli, LLP, attorneys for the landlord.) Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a breach of the warranty of habitability. The court ruled for landlord, except that it gave tenant a 5 to 10 percent rent abatement for various months, continuing until all violations were cleared. Landlord also asked for attorney's fees. Tenant claimed that landlord wasn't the ''prevailing party'' and so shouldn't get attorney's fees. The court ruled for landlord and awarded attorney's fees of $7,500.

Ashlar, Inc. v. Post: Index No. SP3451/97 (12/1/97) (Dist. Ct. Nassau; Warshawsky, J) [7-page document]