No Prejudgment Interest to Landlord

Landlord sued to evict two tenants for nonpayment of rent. The court gave tenants some rent abatement but otherwise ruled for landlord. Each tenant owed approximately $30,000 in back rent. The court awarded landlord prejudgment interest on the back rent owed. Tenants appealed, claiming landlord shouldn't get the interest. The court ruled for tenants on this issue. Tenants had been awarded attorney's fees because they won rent abatements; landlord had refused rent for a number of years; tenants made interim rent payments into court as required; and the real issue in the case was tenants' claim of breach of warranty of habitability.

10 East 76th Street Associates v. McNamara: NYLJ, p. 25, col. 1 (8/1/95) (App. T. 1 Dept.; Parness, JP, McCooe, Glen, JJ)