Opinion
9564 M–2370 Index 157500/12
06-06-2019
Joan REVEYOSO, Plaintiff–Appellant, v. TOWN SPORTS INTERNATIONAL LLC, doing business as New York Sports Club, Defendant–Respondent. National Employment Lawyers Association/New York, Amicus Curiae.
Bergstein & Ullrich, LLP, New Paltz (Stephen Bergstein of counsel), for appellant. Gordon Rees Scully Mansukhani, LLP, Harrison (Allyson Avila of counsel), for respondent. Harrison, Harrison & Associates, New York (Julie Salwen of counsel), for amicus curiae.
Bergstein & Ullrich, LLP, New Paltz (Stephen Bergstein of counsel), for appellant.
Gordon Rees Scully Mansukhani, LLP, Harrison (Allyson Avila of counsel), for respondent.
Harrison, Harrison & Associates, New York (Julie Salwen of counsel), for amicus curiae.
Friedman, J.P., Tom, Kapnick, Kahn, JJ.
Order, Supreme Court, New York County (W. Franc Perry, J.), entered November 26, 2018, which denied in part plaintiff's motion for attorneys' fees and costs, unanimously affirmed, without costs.
Supreme Court did not abuse its discretion by awarding plaintiff compensation for 50% of the requested compensable hours expended by her attorneys, based upon the court's conclusion, detailed in its decision, that the hours billed were disproportionate to the complexity of the case (see Luciano v. Olsten Corp. , 109 F.3d 111, 117 [2d Cir.1997] ; McGrath v. Toys "R" Us, Inc. , 3 N.Y.3d 421, 430, 788 N.Y.S.2d 281, 821 N.E.2d 519 [2004] ; Administrative Code of City of N.Y. § 8–502[g] ).
We have considered the parties' remaining contentions and find them unavailing.
M–2370 – Reveyoso v. Town Sports International , 173 A.D.3d 457, 99 N.Y.S.3d 873, 2019 WL 2375002
Motion to file amicus curiae brief granted, and the brief deemed filed.