From Casetext: Smarter Legal Research

RC 27th Avenue Realty Corp. v. New York City Housing Authority

Appellate Division of the Supreme Court of New York, First Department
May 6, 2003
305 A.D.2d 135 (N.Y. App. Div. 2003)

Opinion

1046

May 6, 2003.

Judgment, Supreme Court, New York County (Louis Crespo, Special Referee), entered February 7, 2002, which awarded plaintiff-respondent law firm Flanagan Cooke, P.C. attorneys' fees plus interest in the total amount of $93,363.19, unanimously affirmed, with costs.

Joseph J. Cooke, for plaintiff-respondent.

Joel Levy, for defendant-appellant.

Before: Buckley, P.J., Nardelli, Mazzarelli, Sullivan, Gonzalez, JJ.


It is well settled that a special referee's findings of fact and credibility will generally not be disturbed where substantially supported by the record (see Rasmussen v. Yellow River, Inc., 298 A.D.2d 322, 323;Vastwin Invs., Ltd. v. Aquarius Media Corp., 295 A.D.2d 216, 217). Accordingly, inasmuch as the record is, as the Referee found, devoid of credible evidence that plaintiff law firm's services were terminated by defendant client RC 27th Avenue Realty Corporation for cause and otherwise provides ample justification for the fee awards made, we perceive no ground upon which those awards might be set aside or reduced.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

RC 27th Avenue Realty Corp. v. New York City Housing Authority

Appellate Division of the Supreme Court of New York, First Department
May 6, 2003
305 A.D.2d 135 (N.Y. App. Div. 2003)
Case details for

RC 27th Avenue Realty Corp. v. New York City Housing Authority

Case Details

Full title:RC 27TH AVENUE REALTY CORPORATION, Plaintiff, v. NEW YORK CITY HOUSING…

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

Date published: May 6, 2003

Citations

305 A.D.2d 135 (N.Y. App. Div. 2003)
757 N.Y.S.2d 841

Citing Cases

Warburg, Pincus Equity Partners, L.P. v. Keane

The Special Referee's report is substantially supported by the record and, when that is the case, it "is well…

Vento v. City of New York

The Court further concludes that the Special Referee's determination is supported by the evidence and should…