No Attorney's Fees for Landlord Who Got Less Than Half the Rent Sought in Case

November 25, 2024

LVT Number: #33474

Landlord sued to evict tenant for nonpayment of rent. After a long court history, including two appeals on a prior nonpayment case, the court denied landlord's motion to restore the case for a determination on attorney's fees in the amount of $103,502 that landlord claimed was due and owing. The court ruled against landlord. Because the court had ultimately ruled that landlord could recover less than half of the amount of what they originally sought, the court found that landlord wasn't the prevailing party and wasn't entitled to attorney's fees.

Landlord sued to evict tenant for nonpayment of rent. After a long court history, including two appeals on a prior nonpayment case, the court denied landlord's motion to restore the case for a determination on attorney's fees in the amount of $103,502 that landlord claimed was due and owing. The court ruled against landlord. Because the court had ultimately ruled that landlord could recover less than half of the amount of what they originally sought, the court found that landlord wasn't the prevailing party and wasn't entitled to attorney's fees.

Inwood Gardens, Inc. v. Udoh: Index No. L&T66616/14, NYLJ No. 1729020826 (Civ. Ct. NY; 10/10/24; Arrindell, J)

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