Tenant Gets Fees for Warranty of Habitability Claim

February 1, 1995

LVT Number: 9420

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 also awarded attorney's fees to tenant. Landlord appealed the fee award, arguing that tenant hadn't successfully defended the nonpayment case. The court ruled for tenant, and landlord appealed again. The appeals court also ruled for tenant. The warranty of habitability claim was the central disputed issue in the nonpayment trial. Since tenant won that dispute, he's entitled 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 also awarded attorney's fees to tenant. Landlord appealed the fee award, arguing that tenant hadn't successfully defended the nonpayment case. The court ruled for tenant, and landlord appealed again. The appeals court also ruled for tenant. The warranty of habitability claim was the central disputed issue in the nonpayment trial. Since tenant won that dispute, he's entitled to attorney's fees.

Ginsberg v. Canders: NYLJ, p. 29, col. 2 (1/13/95) (App. T. 1 Dept.; Ostrau, JP, Miller, McCooe, JJ)

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