Landlord Was Prevailing Party in Nonpayment Case

May 31, 1996

LVT Number: 10599

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for landlord but gave tenant a rent abatement for four and one-half months. Landlord then asked for attorney's fees as the prevailing party. The trial court ruled for landlord. Tenant appealed, and the court reversed. Landlord appealed again. The court ruled that landlord, not tenant, was the prevailing party in the case. Landlord had sued for 54 months of back rent. Tenant had claimed breach of the warranty of habitability for 24 months.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for landlord but gave tenant a rent abatement for four and one-half months. Landlord then asked for attorney's fees as the prevailing party. The trial court ruled for landlord. Tenant appealed, and the court reversed. Landlord appealed again. The court ruled that landlord, not tenant, was the prevailing party in the case. Landlord had sued for 54 months of back rent. Tenant had claimed breach of the warranty of habitability for 24 months. Since tenant received an abatement for only four and one-half months, landlord won the case.

Excelsior 57th Corp. v. Winters: NYLJ, p. 26, col. 5 (5/9/96) (App. Div. 1 Dept.; Murphy, PJ, Wallach, Ross, Nardelli, Williams, JJ)

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