No Fees to Tenant Who Got 15% Rent Abatement

July 31, 2001

LVT Number: 15130

Landlord sued to evict tenant for nonpayment of rent. Tenant owed $27,000 in back rent. Tenant claimed that it was entitled to a $25,000 rent abatement for a number of apartment conditions. The court ruled for tenant on only one item and gave tenant a $4,000 rent abatement. Tenant then asked for attorney's fees. The court ruled against tenant. Tenant appealed and lost. Tenant's lease had an attorney's fees clause. But tenant got only a 15 percent rent abatement. So tenant wasn't entitled to attorney's fees.

Landlord sued to evict tenant for nonpayment of rent. Tenant owed $27,000 in back rent. Tenant claimed that it was entitled to a $25,000 rent abatement for a number of apartment conditions. The court ruled for tenant on only one item and gave tenant a $4,000 rent abatement. Tenant then asked for attorney's fees. The court ruled against tenant. Tenant appealed and lost. Tenant's lease had an attorney's fees clause. But tenant got only a 15 percent rent abatement. So tenant wasn't entitled to attorney's fees.

Ben-Adi Strategic Corp. v. MacPherson: NYLJ, 7/10/01, p. 18, col. 1 (App. T.1 Dept.; Parness, PJ, Davis, Gangel-Jacob, JJ)

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