Opinion
9606–9607 Index 160665/16
06-13-2019
In re 200 EAST 62ND OWNER LLC, Petitioner–Respondent, v. CENTRAL INTERIORS INC., Respondent–Appellant.
Hollander Law Group, PLLC, Great Neck (Michael R. Strauss of counsel), for appellant. Duane Morris LLP, New York (Frederick Cohen of counsel), for respondent.
Hollander Law Group, PLLC, Great Neck (Michael R. Strauss of counsel), for appellant.
Duane Morris LLP, New York (Frederick Cohen of counsel), for respondent.
Friedman, J.P., Richter, Tom, Gesmer, Moulton, JJ.
Judgment, Supreme Court, New York County (Nancy M. Bannon, J.), entered July 12, 2018, bringing up for review an order, same court and Justice, entered on or about June 29, 2018, which, sua sponte, confirmed the report of a judicial hearing officer calculating the amount of reasonable attorneys' fees due after inquest, unanimously affirmed, without costs. Appeal from the June 29, 2018 order, dismissed, without costs, as subsumed in the appeal from the judgment.
The findings of the judicial hearing officer, made upon reference after respondent's default, are "substantiated by the record" and should not be disturbed ( Freedman v. Freedman , 211 A.D.2d 580, 580, 621 N.Y.S.2d 610 [1st Dept. 1995] ). As no appeal lies from the previous orders that were entered on default ( CPLR 5511 ), respondent's challenge to the judgment entered after inquest brings up for review only matters treated at the inquest ( Lehman Bros. Holdings, Inc. v. Matt , 34 A.D.3d 290, 291, 824 N.Y.S.2d 78 [1st Dept. 2006] ).