Tenant Gets Fees in Nuisance Case

June 30, 1999

LVT Number: 13318

Landlord sued to evict tenant for creating a nuisance. The court ruled against landlord but denied tenant's request for attorney's fees. Tenant appealed and won. Although the trial court had found all the witnesses believable and was split fifty-fifty on which side should prevail, it had dismissed the case. So, since landlord didn't get an eviction, tenant was the prevailing party and was entitled to attorney's fees. The case was sent back for a hearing on the amount to be awarded.

Landlord sued to evict tenant for creating a nuisance. The court ruled against landlord but denied tenant's request for attorney's fees. Tenant appealed and won. Although the trial court had found all the witnesses believable and was split fifty-fifty on which side should prevail, it had dismissed the case. So, since landlord didn't get an eviction, tenant was the prevailing party and was entitled to attorney's fees. The case was sent back for a hearing on the amount to be awarded.

1 BK Street Corp. v. Blasini: NYLJ, p. 26, col. 2 (6/30/99) (App. T. 1 Dept.; McCooe, JP, Freedman, Davis, JJ)

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