Tenant Gets Fees for Habitability Claim

April 30, 1993

LVT Number: 6910

Landlord sued to evict tenant for nonpayment of rent. The trial court granted tenant a 25 percent rent abatement for breach of the warranty of habitability. The court denied landlord and tenant's requests for attorney's fees, and tenant appealed. The appeals court ruled for tenant. Landlord's partial win didn't bar the court from awarding attorney's fees to tenant. Tenant's success on his habitability claim entitled him to attorney's fees.

Landlord sued to evict tenant for nonpayment of rent. The trial court granted tenant a 25 percent rent abatement for breach of the warranty of habitability. The court denied landlord and tenant's requests for attorney's fees, and tenant appealed. The appeals court ruled for tenant. Landlord's partial win didn't bar the court from awarding attorney's fees to tenant. Tenant's success on his habitability claim entitled him to attorney's fees.

Ginsberg v. Canders: NYLJ, p. 21, col. 2 (4/20/93) (App. T. 1 Dept.; Parness, JP, Miller, McCooe, JJ)

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