Tenant Gets Attorney's Fees After Case Dismissed

February 18, 2015

LVT Number: #25977

Landlord sued to evict tenant for creating a nuisance by making excessive noise. The court ruled against landlord after a trial and awarded tenant attorney's fees of over $22,000. Landlord appealed and lost. Tenant and her upstairs neighbors testified that no loud music came from tenant's apartment. Tenant's former downstairs neighbor testified that there was loud noise but was the only tenant who complained. Landlord received no complaints from downstairs neighbors who lived in that apartment before or after the complaining tenant.

Landlord sued to evict tenant for creating a nuisance by making excessive noise. The court ruled against landlord after a trial and awarded tenant attorney's fees of over $22,000. Landlord appealed and lost. Tenant and her upstairs neighbors testified that no loud music came from tenant's apartment. Tenant's former downstairs neighbor testified that there was loud noise but was the only tenant who complained. Landlord received no complaints from downstairs neighbors who lived in that apartment before or after the complaining tenant. Although landlord's court action wasn't frivolous, tenant was entitled to attorney's fees as the prevailing party in the case.

Inwood Ventura, LLC v. Ferraira: Index No. 570777/14, NYLJ No. 1202714202363 (App. T. 1 Dept.; 12/30/14; Lowe III, PJ, Schoenfeld, Hunter Jr., JJ)

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