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1050 Tenants v. Steven

Appellate Division of the Supreme Court of New York, First Department
Jun 5, 2008
52 A.D.3d 248 (N.Y. App. Div. 2008)

Opinion

No. 3830.

June 5, 2008.

Judgment, Supreme Court, New York County (Marylin G. Diamond, J.), entered April 25, 2007, awarding plaintiff legal fees and costs in the amount of $34,269.99, unanimously affirmed, with costs.

MW Moody LLC, New York (Mark Warren Moody of counsel), for appellants.

Gallet Dreyer Berkey, LLP, New York (Jerry A. Weiss of counsel), for respondent.

Before: Tom, J.P., Friedman, Nardelli, Buckley and Renwick, JJ.


The Special Referee considered the relevant factors in determining reasonable attorney fees ( see Matter of Freeman, 34 NY2d 1, 9), and his findings are supported by the record ( see Barrett v Toroyan, 45 AD3d 301). Time sheets of the nontestifying attorneys were properly admitted as business records; applicability of the hearsay exception was unchallenged. "Fees on fees" were properly awarded ( see Senfeld v I.S.T.A. Holding Co., 235 AD2d 345, lv dismissed 91 NY2d 956, lv denied 92 NY2d 818; cf. Sage Realty Corp. v Proskauer Rose, 288 AD2d 14).

We have considered defendants' other contentions and find them unavailing.


Summaries of

1050 Tenants v. Steven

Appellate Division of the Supreme Court of New York, First Department
Jun 5, 2008
52 A.D.3d 248 (N.Y. App. Div. 2008)
Case details for

1050 Tenants v. Steven

Case Details

Full title:1050 TENANTS CORP., Respondent, v. STEVEN R. LAPIDUS et al., Appellants

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 5, 2008

Citations

52 A.D.3d 248 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 5005
857 N.Y.S.2d 910

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