Opinion
900 CA 19-02165
02-05-2021
FLEIG SERVICES INC., Doing Business as CNC Productivity, Plaintiff-Respondent, v. AMERICAN RECYCLING & MANUFACTURING CO., INC., Defendant-Appellant.
KNAUF SHAW LLP, ROCHESTER (ALAN J. KNAUF OF COUNSEL), FOR DEFENDANT-APPELLANT.
KNAUF SHAW LLP, ROCHESTER (ALAN J. KNAUF OF COUNSEL), FOR DEFENDANT-APPELLANT.
PRESENT: SMITH, J.P., CARNI, TROUTMAN, WINSLOW, AND DEJOSEPH, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order and judgment so appealed from is unanimously modified on the law by vacating the award of costs and disbursements and attorneys’ fees and as modified the order and judgment is affirmed without costs and the matter is remitted to Supreme Court, Monroe County, for further proceedings in accordance with the following memorandum: On appeal from an order and judgment entered following a nonjury trial that awarded plaintiff damages, costs and disbursements, and attorneys’ fees, defendant contends that the award of costs and disbursements and attorneys’ fees is excessive. In determining the proper amount of those items, a court "should consider the ‘time spent, the difficulties involved in the matters in which the services were rendered, the nature of the services, the amount involved, the professional standing of the counsel, and the results obtained’ " ( Matter of HSBC Bank USA, N.A. [Vaida] , 151 A.D.3d 1712, 1713, 57 N.Y.S.3d 586 [4th Dept. 2017] ; see Matter of HSBC Bank USA, N.A. [Campbell] , 150 A.D.3d 1661, 1663, 55 N.Y.S.3d 557 [4th Dept. 2017] ). Because Supreme Court failed to make any findings with respect to those factors, we are unable to review the court's implicit determination that the costs and disbursements and attorneys’ fees are reasonable (see HSBC Bank USA, N.A. [Vaida] , 151 A.D.3d at 1713, 57 N.Y.S.3d 586 ). We therefore modify the order and judgment by vacating the award of costs and disbursements and attorneys’ fees, and we remit the matter to Supreme Court for a determination whether those costs and disbursements and fees are reasonable, following a hearing, if necessary (see id. ).
We have reviewed defendant's remaining contentions and conclude that they do not warrant reversal or further modification of the order and judgment.