Tenant Got Small Abatement for Mold Condition Landlord Had Corrected

June 30, 2005

LVT Number: 18168

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a breach of the warranty of habitability based on a mold condition in the apartment. After trial, the court ruled mostly for landlord, with a small rent abatement. Tenant then sought attorney's fees. The court ruled against tenant. Tenant appealed and lost. The trial court's decision wasn't substantially in tenant's favor. The court found that landlord had fully corrected the mold condition six months before the trial started. So tenant wasn't the prevailing party in the case and wasn't entitled to attorney's fees.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a breach of the warranty of habitability based on a mold condition in the apartment. After trial, the court ruled mostly for landlord, with a small rent abatement. Tenant then sought attorney's fees. The court ruled against tenant. Tenant appealed and lost. The trial court's decision wasn't substantially in tenant's favor. The court found that landlord had fully corrected the mold condition six months before the trial started. So tenant wasn't the prevailing party in the case and wasn't entitled to attorney's fees.

157 E. 57th St. LLC v. Birrenbach: NYLJ, 6/29/05, p. 24, col. 2 (App. T. 1 Dept.; Suarez, JP, McCooe, Gangel-Jacob, JJ)

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