Tenant Gets Fees for Nuisance Case

July 31, 1998

LVT Number: 12497

Landlord sued to evict tenants for causing a nuisance. The court ruled against landlord and dismissed the case. The court denied tenants' request for attorney's fees and tenants appealed. The appeals court ruled that tenants were entitled to attorney's fees as the ''prevailing parties'' under RPL section 234. Landlord's case had been dismissed on the merits after a trial.

Landlord sued to evict tenants for causing a nuisance. The court ruled against landlord and dismissed the case. The court denied tenants' request for attorney's fees and tenants appealed. The appeals court ruled that tenants were entitled to attorney's fees as the ''prevailing parties'' under RPL section 234. Landlord's case had been dismissed on the merits after a trial.

Byrd v. Smith: NYLJ, p. 21, col. 2 (7/21/98) (App. T. 1 Dept; Parness, PJ, Freedman, Davis, JJ)

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