57th St. LLC v Birrenbach, 8 Misc 3d 127(A) [App Term 1st Dept 2005]
["Considering the tenant's failure to establish that the mold condition remained
unremedied — an allegation which, in the words of the Trial Judge, framed the
"central factual dispute" litigated below — we agree that the outcome of the case
was not substantially favorable to the tenant and that tenant did not achieve prevailing
party status "]).
Here, the "true scope" of the litigation centered on the Apartment's habitability and
which party bore responsibility for the length of time that the Apartment remained
unrepaired. As discussed above, each party bore responsibility in roughly equal measure.
Though Plaintiff recovered roughly half of the abatement sought, the net recovery
represents a relatively small portion of the seven-figure damages sought in Plaintiff's
complaint, to say nothing of the dismissals of its other causes of action, including every
claim against the Board and Plaintiff's negligence and punitive damages against the
Corporation. Accordingly, Plaintiff's claim for attorneys' fees is denied.
[*12]II. The Corporation's
counterclaims
A. Breach of contract (maintenance, utilities, fees, interest)
To prevail on a claim for breach of contract, a plaintiff must establish: (1) the
existence of a contract; (2) plaintiff's compliance with the contract; (3) the defendant's
breach; and (4) damages (VisionChina Media Inc. v Shareholder Representative Servs.,
LLC, 109 AD3d 49, 58 [1st Dept 2013]; Harris v Seward Park Hous. Corp., 79 AD3d 425, 426 [1st
Dept 2010]).
The Lease and Amended Lease require payment of rent/maintenance and utilities
monthly, and special maintenance charges/capital assessments as needed
(¶¶ 1[a], 47]).[FN16]