Opinion
2003-597 W C.
Decided December 22, 2003.
Appeal by plaintiff, on the grounds of inadequacy, from an order of the City Court, City of New Rochelle, Westchester County (P. Scher, J.), dated August 21, 2002, which granted her motion for attorney's fees.
Order unanimously modified by increasing the amount awarded plaintiff for attorney's fees to the sum of $19,239.75; as so modified, affirmed without costs.
PRESENT: DOYLE, P.J., RUDOLPH and SKELOS, JJ.
Plaintiff commenced the instant action to recover damages for breach of, among other things, General Business Law § 198-b after defendant sold her a defective used automobile.
After trial, the lower court found in favor of plaintiff and awarded her the sum of $13,551.
Thereafter, plaintiff moved for an order awarding her attorney's fees in the sum of $26,706.25 pursuant to General Business Law § 198-b (f) (5). We note that the defendant waived its right to a hearing on said motion ( see Devivo v. Devivo, — AD2d — [2nd Dept, Dec. 8, 2003]). In our opinion, the lower court's award of $6,000 for attorney's fees was unreasonable as a matter of law based upon the evidence submitted by plaintiff's counsel. After a careful review of the record, which includes evidence of time expended, results achieved and counsel's background and experience ( see Willis v. Willis, 149 AD2d 584; Jordan v. Freeman, 40 AD2d 656) and deducting fees which were not properly documented or recoverable, including those expended in commencing an action which was subsequently dismissed for lack of jurisdiction, we find that the sum of $19,239.75 constitutes a reasonable attorney's fee award. Therefore, the order awarding attorney's fees should be modified accordingly.