Landlord Gets Fees for Nonpayment Case

April 30, 1996

LVT Number: 10526

Landlord sued to evict tenant for nonpayment of rent. The trial court ruled for landlord, and landlord requested attorney's fees. The court ruled against landlord on this issue, and landlord appealed. The appeals court reversed and awarded landlord attorney's fees. Landlord was entitled to attorney's fees since the court had ruled in landlord's favor on the nonpayment issue. Tenant had unreasonably failed to provide access and didn't prove breach of the warranty of habitability.

Landlord sued to evict tenant for nonpayment of rent. The trial court ruled for landlord, and landlord requested attorney's fees. The court ruled against landlord on this issue, and landlord appealed. The appeals court reversed and awarded landlord attorney's fees. Landlord was entitled to attorney's fees since the court had ruled in landlord's favor on the nonpayment issue. Tenant had unreasonably failed to provide access and didn't prove breach of the warranty of habitability.

Mac D. Inc. v. Miller: NYLJ, p. 25, col. 2 (4/16/96) (App. T. 1 Dept.; Ostrau, PJ, McCooe, Freedman, JJ)

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