Landlord Wasn't Prevailing Party

July 31, 2003

LVT Number: 16709

Landlord sued to evict tenant for nonpayment of rent. The court awarded landlord possession, back rent, and attorney's fees. Tenant appealed, claiming, among other things, that landlord wasn't entitled to attorney's fees. The appeals court ruled for tenant. Landlord wasn't entitled to attorney's fees. Landlord got a judgment for back rent but didn't prevail on all of the major issues in the case or on all of its claims for rent. Landlord's claims for over three years of utility charges and for late charges were disallowed.

Landlord sued to evict tenant for nonpayment of rent. The court awarded landlord possession, back rent, and attorney's fees. Tenant appealed, claiming, among other things, that landlord wasn't entitled to attorney's fees. The appeals court ruled for tenant. Landlord wasn't entitled to attorney's fees. Landlord got a judgment for back rent but didn't prevail on all of the major issues in the case or on all of its claims for rent. Landlord's claims for over three years of utility charges and for late charges were disallowed. A substantial portion of landlord's claim for MCI rent hikes was disallowed, also.

Dara Realty Assocs. v. Schachter: NYLJ, 7/17/03, p. 25, col. 1 (App. T. 2 Dept.; Pesce, PJ, Golia, Rios, JJ)

Topics

More like this