Tenant Wasn't Prevailing Party

April 1, 2000

LVT Number: 13960

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord in part and gave tenant a 10 percent rent abatement. But the court denied tenant's request for attorney's fees. Tenant appealed and lost. Tenant's 10 percent award of $800 didn't make him the prevailing party. So he wasn't entitled to attorney's fees. And in light of the full history of the court cases between the parties, landlord wasn't entitled to attorney's fees either.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord in part and gave tenant a 10 percent rent abatement. But the court denied tenant's request for attorney's fees. Tenant appealed and lost. Tenant's 10 percent award of $800 didn't make him the prevailing party. So he wasn't entitled to attorney's fees. And in light of the full history of the court cases between the parties, landlord wasn't entitled to attorney's fees either.

Building Mgmt. Co., Inc. v. Antollino: NYLJ, 3/28/00, p. 26, col. 1 (App. T.1 Dept.; Parness, PJ, McCooe, Davis, JJ)

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