Tenant Gets Fees for Breach of Warranty of Habitability Claim

February 1, 1997

LVT Number: 11198

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for tenant and granted tenant's request for attorney's fees. Landlord appealed, claiming that tenant wasn't the ``prevailing party'' since he hadn't won on all the issues raised. The appeals court ruled against landlord. Tenant got substantial relief and didn't have to prevail on every issue to be considered successful and entitled to attorney's fees.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for tenant and granted tenant's request for attorney's fees. Landlord appealed, claiming that tenant wasn't the ``prevailing party'' since he hadn't won on all the issues raised. The appeals court ruled against landlord. Tenant got substantial relief and didn't have to prevail on every issue to be considered successful and entitled to attorney's fees.

Senfeld v. I.S.T.A. Holding Co., Inc.: NYLJ, p. 26, col. 6 (1/30/97) (App. Div. 1 Dept.; Milonas, JP, Rubin, Williams, Andrias, JJ)

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