Opinion
September 9, 1991
Appeal from the Supreme Court, Kings County (Dowd, J.).
Ordered that the order is modified, on the law, by deleting the provisions thereof which (1) directed the entry of judgment in favor of the defendant Gerritsen Avenue Shopping Center, Inc., and against the appellant in the principal sum of $12,335, and (2) directed the entry of judgment in favor of the defendant Triple Nickel Foods #2, Inc., and against appellant in the principal sum of $11,354.25; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements, and the matter is remitted to the Supreme Court, Kings County, for a hearing on the amounts due to the codefendants Gerritsen Avenue Shopping Center, Inc., and Triple Nickel Foods #2, Inc.
The Supreme Court properly determined that the appellant was obligated to pay for the legal costs incurred by the codefendants in connection with their defense of this action (see generally, Breed, Abbott Morgan v. Hulko, 139 A.D.2d 71, 74-75, affd 74 N.Y.2d 686). However, under the circumstances of this case, issues of fact exist which require a hearing with respect to the reasonable amount of such costs.
We have examined the appellant's remaining contentions and find them without merit. Bracken, J.P., Kooper, Miller and O'Brien, JJ., concur.