From Casetext: Smarter Legal Research

Red Apple Supermarkets v. Malone Hyde

Appellate Division of the Supreme Court of New York, First Department
Mar 18, 1999
259 A.D.2d 357 (N.Y. App. Div. 1999)

Opinion

March 18, 1999

Appeal from the Supreme Court, New York County (Beatrice Shainswit, J.).


Defendant attorneys' computer generated billing statements show the work that was performed each day and contain an abundance of detail that was more than sufficient to support a request of $186,000 for the services of two law firms in collecting a $2.3 million loan. Presented with such facially valid support for the fee request, it was incumbent upon plaintiffs to point out all instances of irregularity or dispute, not just a few examples. Once defendants conceded those few examples and agreed to reduce their fee request by the amount thereof, plaintiffs' vague, conclusory allegations of other errors were insufficient to raise any issue of fact necessitating a hearing, which would have been contrary to the parties' agreement to proceed on papers ( see, Willis v. Willis, 149 A.D.2d 584). We have considered plaintiffs' other arguments and find them unpersuasive.

Concur — Sullivan, J. P., Lerner, Andrias and Saxe, JJ.


Summaries of

Red Apple Supermarkets v. Malone Hyde

Appellate Division of the Supreme Court of New York, First Department
Mar 18, 1999
259 A.D.2d 357 (N.Y. App. Div. 1999)
Case details for

Red Apple Supermarkets v. Malone Hyde

Case Details

Full title:RED APPLE SUPERMARKETS, INC., et al., Appellants, v. MALONE HYDE, INC., et…

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

Date published: Mar 18, 1999

Citations

259 A.D.2d 357 (N.Y. App. Div. 1999)
687 N.Y.S.2d 50

Citing Cases

Lapidus Associates, LLP v. Reiver

In Carroll Air Servs. v Northland Aviation ( 225 AD2d 870, 872 [3d Dept 1996]), the Court stated "in the…

Apex Emp. Wellness Servs., Inc. v. APS Healthcare Bethesda, Inc.

A movant may carry this burden with statements that "show the work that was performed each day and contain an…