Opinion
5776, 5776A.
Decided on October 20, 2011.
Judgment, Supreme Court, New York County (Steven E. Liebman, Special Referee), entered October 13, 2010, awarding defendants attorneys' fees of $167,993.77 pursuant to an order, same court and Special Referee, entered October 8, 2010, which determined that plaintiff had materially and substantially breached the terms of a Settlement Agreement with defendants, warranting the award of attorneys' fees to defendants, unanimously affirmed.
Appeal from the above order unanimously dismissed, without costs, as subsumed in the appeal from the judgment.
Kip Lenoir, New York, for appellant.
Nixon Peabody LLP, New York (Adam B. Gilbert of counsel), for respondents.
Mazzarelli, J.P., Sweeny, Moskowitz, Richter, Román, JJ.
The credible evidence plainly supports the Referee's fact-finding determination that plaintiff materially and substantially breached the Settlement Agreement and his lease, by his underpayment and non-payment of rent without justification or judicial limitations, warranting the award of attorneys' fees to defendants based on express provisions in both of those agreements ( see e.g. Mar Investors Corp. v Cerda, 208 AD2d 355).
We have considered the remaining arguments and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.