Tenant Gets Fees After Settling Nonpayment Case

April 30, 2000

LVT Number: 14039

Landlord sued to evict tenant for nonpayment of rent. The case was settled because there was a rent overcharge that offset any back rent owed. Tenant then asked the court for attorney's fees. The court ruled against tenant, even though the settlement agreement said that tenant could apply for attorney's fees. The court found there was a real dispute concerning the proper rent calculation, so neither side won the case. Tenant appealed and won. As part of the settlement agreement, landlord's claim for $5,000 in back rent was entirely dismissed.

Landlord sued to evict tenant for nonpayment of rent. The case was settled because there was a rent overcharge that offset any back rent owed. Tenant then asked the court for attorney's fees. The court ruled against tenant, even though the settlement agreement said that tenant could apply for attorney's fees. The court found there was a real dispute concerning the proper rent calculation, so neither side won the case. Tenant appealed and won. As part of the settlement agreement, landlord's claim for $5,000 in back rent was entirely dismissed. So tenant was the prevailing party and was entitled to attorney's fees.

55 Mgmt. Corp. v. Chiate: NYLJ, 4/18/00, 26, col. 1 (App. T.1 Dept.; Parness, PJ, McCooe, Gangel-Jacob, JJ)

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