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Matter of Santemma v. Chasco Co.

Appellate Division of the Supreme Court of New York, Second Department
May 3, 1999
261 A.D.2d 408 (N.Y. App. Div. 1999)

Opinion

May 3, 1999

Appeal from the Supreme Court, Nassau County (Adams, J.).


Ordered that the order, as amended, is affirmed, with costs.

The determination as to whether legal fees are reasonable under the circumstances is a matter within the sound discretion of the hearing court ( see, Matter of Freeman, 34 N.Y.2d 1, 9-10). After a hearing, the Supreme Court determined that an award of $27,000 to the petitioner was reasonable based on the time and labor spent, the lack of any complex or extraordinary questions, the petitioner's marginal influence in achieving the result, the customary hourly fee charged by practitioners in that community for such services since 1991, and the experience and status of the petitioner in tax certiorari matters in the community ( see, Matter of Freeman, supra). We find no basis in the record to disturb the court's determination.

Altman, J. P., Goldstein, Florio and McGinity, JJ., concur.


Summaries of

Matter of Santemma v. Chasco Co.

Appellate Division of the Supreme Court of New York, Second Department
May 3, 1999
261 A.D.2d 408 (N.Y. App. Div. 1999)
Case details for

Matter of Santemma v. Chasco Co.

Case Details

Full title:In the Matter of JOHN N. SANTEMMA, Appellant, v. CHASCO CO. et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 3, 1999

Citations

261 A.D.2d 408 (N.Y. App. Div. 1999)
689 N.Y.S.2d 220

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