Neither Side Gets Attorney's Fees

March 31, 2011

LVT Number: #23278

Landlord sued to evict tenant for nonpayment of rent. After the case was over, landlord and tenant both sought attorney's fees. The court ruled that neither side was entitled to them. The appeals court agreed. After answering the petition but before trial, tenant paid the $10,000 rent owed for three months. But tenant claimed a breach of the warranty of habitability and retaliation by landlord, seeking punitive and triple damages. The court ruled for tenant in part, giving him an 11 percent rent abatement for 18 months, equaling $6,750. The court denied tenant's other claims.

Landlord sued to evict tenant for nonpayment of rent. After the case was over, landlord and tenant both sought attorney's fees. The court ruled that neither side was entitled to them. The appeals court agreed. After answering the petition but before trial, tenant paid the $10,000 rent owed for three months. But tenant claimed a breach of the warranty of habitability and retaliation by landlord, seeking punitive and triple damages. The court ruled for tenant in part, giving him an 11 percent rent abatement for 18 months, equaling $6,750. The court denied tenant's other claims. The mixed outcome of the case wasn't substantially favorable to either landlord or tenant, so both were correctly denied attorney's fees.

339-347 E. 12th St. LLC v. Ling: NYLJ, 3/16/11, p. 26, col. 1 (App. T. 1 Dept.; Schoenfeld, JP, Hunter Jr., Torres, JJ)

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