Neither Side Gets Attorney's Fees in Nonpayment Case

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a breach of the warranty of habitability. The court gave tenant some rent abatement and granted tenant's request for attorney's fees in the amount of $10,680. Landlord appealed, claiming that it won the case, not tenant, so it was entitled to attorney's fees. The appeals court ruled for landlord in part. Landlord obtained a judgment of possession and a money judgment in the amount of $10,660 for back rent owed. Tenant got a rent abatement totaling $3,100 for multiple violations of the warranty of habitability. This was much less than the amount sought by tenant. On balance, neither side was the prevailing party in this case, so neither side was entitled to attorney's fees.

4702 Chiel Kurtz Realty LLC v. Molano: NYLJ, 5/2/12, p. 25, col. 2 (App. T. 2 Dept.; Pesce, PJ, Golia, Aliotta, JJ)