No Attorney's Fees for Landlord When Tenant Paid Before Trial

Landlord sued to evict tenant for nonpayment of rent. Landlord claimed that tenant owed $2,000 in back rent and also asked for $450 in attorney’s fees. On the first court date, landlord and tenant were unable to settle the case, and the court set a trial date. Before the trial date, tenant paid the back rent but refused to pay the attorney’s fees. The court ruled that landlord wasn’t entitled to an attorney’s fee award because it wasn’t the prevailing party. Since tenant had paid the rent due before any judgment was entered, landlord couldn’t get the apartment back. And since landlord didn’t get possession of the apartment through the eviction proceeding, it wasn’t the prevailing party. So landlord couldn’t get attorney’s fees.

ATM Four LLC v. Demezier: NYLJ, 3/18/09, p. 28, col. 1 (Dist. Ct. Nassau; Fairgrieve, J)