Landlord Wasn't Prevailing Party

April 1, 2006

LVT Number: 18731

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, awarding possession and the sum of $513 for legal fees and late fees. The court denied tenant's claim for a refund of late fees paid to landlord. Tenant appealed and won. Tenant had paid the back rent owed before the court made a ruling. It was improper for the court to base a judgment of possession on outstanding legal and late fees alone. So the judgment of possession was vacated, and landlord wasn't a prevailing party entitled to attorney's fees.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, awarding possession and the sum of $513 for legal fees and late fees. The court denied tenant's claim for a refund of late fees paid to landlord. Tenant appealed and won. Tenant had paid the back rent owed before the court made a ruling. It was improper for the court to base a judgment of possession on outstanding legal and late fees alone. So the judgment of possession was vacated, and landlord wasn't a prevailing party entitled to attorney's fees.

Babylon Village Equities v. Mitchell: NYLJ, 3/17/06, p. 27, col. 4 (App. T. 2 Dept.; Rudolph, PJ, Tanenbaum, Lippman, JJ)

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