Opinion
2002-1450 N C.
Decided October 2, 2003.
Appeal by respondent Prudential Farms of Nassau County, Inc. from so much of an order of the District Court, Nassau County (T. Feinman, J.), entered September 19, 2002, as, upon reargument, granted petitioner Hopkins Kopilow's motion for legal fees insofar as it awarded said petitioner the sum of $1,067.50 as against Prudential Farms of Nassau County, Inc.
Order insofar as appealed from unanimously modified by deleting therefrom the provision awarding petitioner Hopkins Kopilow attorney's fees as against Prudential Farms of Nassau County, Inc. and matter remanded for a hearing to determine the amount of legal fees to be awarded said petitioner as against said respondent; as so modified, affirmed without costs.
PRESENT: DOYLE, P.J., WINICK and LIFSON, JJ.
Attorney's fees, costs and other items recoverable pursuant to CPLR 1006 (f) in this interpleader action must be itemized and justified to the court, which was not done in this case ( Jordan v. Freeman, 40 AD2d 656; Rice v. Chanas, 191 Misc 2d 813 [Sup Ct, NY County]). No itemized time records were submitted, and Hopkins Kopilow has not submitted evidence to establish that $350 per hour and the expenditure of six hours of attorney time at that rate are appropriate in the circumstances of this action ( see e.g. Zauderer v. Barcellona, 130 Misc 2d 234). Therefore, the matter is remitted for a hearing to establish an appropriate award ( see American Intl. Life Assur. Co. v. Ansel, 273 AD2d 421; Republic Natl. Bank v. Lupo, 215 AD2d 467; Fischbein, Badillo, Wagner v. Tova Realty Co., 193 AD2d 442; Metropolitan Life Ins. Co. v. Brody, 35 Misc 2d 384).