Tenant Wasn't Prevailing Party

November 1, 1998

LVT Number: 12720

Landlord sued to evict tenant for nonprimary residence. In a settlement agreement tenant agreed to pay back rent owed and landlord's legal fees. Landlord later sued to evict tenant for nonpayment of rent based on amounts due under the agreement. Tenant claimed that landlord owed him attorney's fees for the nonprimary residence case. The court ruled for tenant, and landlord appealed. The appeals court ruled for landlord. Since tenant didn't win the prior nonprimary residence case, he wasn't entitled to attorney's fees in that case.

Landlord sued to evict tenant for nonprimary residence. In a settlement agreement tenant agreed to pay back rent owed and landlord's legal fees. Landlord later sued to evict tenant for nonpayment of rent based on amounts due under the agreement. Tenant claimed that landlord owed him attorney's fees for the nonprimary residence case. The court ruled for tenant, and landlord appealed. The appeals court ruled for landlord. Since tenant didn't win the prior nonprimary residence case, he wasn't entitled to attorney's fees in that case. The fact that landlord started a nonpayment case for money due under the agreement rather than restore the original case to the court's calendar didn't matter.

Perlbinder v. Levey: NYLJ, p. 28, col. 5 (10/22/98) (App. T. 1 Dept.; McCooe, JP, Davis, Gonzalez, JJ)

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