No Attorney's Fees for Either Landlord or Tenant

August 31, 2011

LVT Number: #23588

Landlord cooperative corporation sued to evict co-op tenant shareholder for violating her proprietary lease. Landlord claimed that tenant failed to install noise-reducing carpeting, created excessive noise, and refused to permit inspection of the apartment. Although tenant later cured the inspection and carpeting violations, she didn’t do so before landlord started the eviction proceeding. The neighboring tenant who had complained about noise died before the trial, so that part of the case was discontinued.

Landlord cooperative corporation sued to evict co-op tenant shareholder for violating her proprietary lease. Landlord claimed that tenant failed to install noise-reducing carpeting, created excessive noise, and refused to permit inspection of the apartment. Although tenant later cured the inspection and carpeting violations, she didn’t do so before landlord started the eviction proceeding. The neighboring tenant who had complained about noise died before the trial, so that part of the case was discontinued. Tenant then asked for attorney’s fees; landlord in turn asked for the same. The court ruled that neither side was the prevailing party under the circumstances of the case, so no one was entitled to attorney’s fees.

Skyline Terrace Cooperative, Inc. v. Butler: 32 Misc.3d 138(A), 2011 NY Slip Op 51546(U) (App. T 2 Dept.; Pesce, PJ, Weston, Steinhardt, JJ; 8/5/11)

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