Opinion
2022-00717 Index 150263/19
02-03-2022
Board of Managers of the 411 East 53rd Street Condominium Acting on Behalf of the Unit Owners of the 411 East 53rd Street Condominium, Plaintiff-Respondent, v. John Faracco, Defendant-Appellant, Thomas Marron, et al., Defendants. Appeal No. 15223 Case No. 2021-00074
Charles Wallshein, PLLC, Melville (Charles Wallshein of counsel), for appellant. Seyfarth Shaw LLP, New York (Jerry A. Montag of counsel), for respondent.
Charles Wallshein, PLLC, Melville (Charles Wallshein of counsel), for appellant.
Seyfarth Shaw LLP, New York (Jerry A. Montag of counsel), for respondent.
Before: Manzanet-Daniels, J.P., Webber, Oing, Mendez, Higgitt, JJ.
Judgment of foreclosure and sale, Supreme Court, New York County (Lynn R. Kotler, J.), entered July 8, 2020, insofar as appealed from as limited by the briefs, awarding plaintiff attorneys' fees against defendant John Faracco, unanimously affirmed, with costs.
The court providently exercised its discretion in awarding plaintiff attorneys' fees without a hearing (see 542 E. 14th St. LLC v Lee, 66 A.D.3d 18, 24 [1st Dept 2009]). That branch of plaintiff's motion to confirm the underlying referee's report that sought an award of attorneys' fees was supported by an affirmation of counsel detailing the work performed and invoices properly considered as business records (see id.; see also Abe v New York Univ., 190 A.D.3d 543, 543 [1st Dept 2021]). Defendant did not timely oppose the motion, but moved separately for a hearing. That motion was properly denied as a belated attempt to oppose plaintiff's motion and because defendant's conclusory claim that a hearing was needed was insufficient to raise an issue of fact (see generally Bankers Fed. Sav. Bank FSB v Off W. Broadway Devs., 224 A.D.2d 376, 378 [1st Dept 1996]).