No Attorney's Fees for Landlord in Nonpayment Case

March 1, 2011

LVT Number: #23201

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case because all back rent had been paid. Landlord pointed out that tenant had signed an agreement in court to pay the claimed rent, thus admitting landlord was the prevailing party. The court ruled against landlord. The central relief sought by landlord's court petition was tenant's eviction. Since tenant wasn't evicted, landlord wasn't the prevailing party. So landlord wasn't entitled to attorney's fees.

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case because all back rent had been paid. Landlord pointed out that tenant had signed an agreement in court to pay the claimed rent, thus admitting landlord was the prevailing party. The court ruled against landlord. The central relief sought by landlord's court petition was tenant's eviction. Since tenant wasn't evicted, landlord wasn't the prevailing party. So landlord wasn't entitled to attorney's fees.

Russell Place Associates LP v. Hernandez: Index No. SP6260/10, NYLJ No. 1202479967047 (Dist. Ct. Nassau; 1/28/11; Fairgrieve, J)

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