Landlord Omitted Some Co-Tenants from Case

Landlord sued to evict tenants for nonpayment of rent. Tenants claimed a breach of the warranty of habitability. The court ruled in part for landlord, awarding a judgment for $15,000, after a $5,000 abatement for breach of the warranty of habitability. Both landlord and tenants appealed, and both sought attorney's fees. The appeals court denied attorney's fees to either side and reopened the case because the court had failed to instruct the jury on the question of constructive eviction. Tenants appealed, again claiming that they and three roommates who were not named as parties in the case were entitled to attorney's fees. The appeals court ruled that no attorney's fee claim could be made for the three roommate tenants who weren't named in the case. But the case was sent back for a ruling on whether the three roommates were necessary parties who should have been joined in the case to begin with.

Olney v. Areiter: 104 A.D.3d 1100, 2013 NY Slip Op 02127 (App. Div. 3 Dept.; 3/28/13; Mercure, JP, Spain, McCarthy, Garry, JJ)