Opinion
April 26, 2001.
Order and judgment (one paper), Supreme Court, New York County (Harold Tompkins, J.), entered February 8, 2000, which, after a nonjury trial,inter alia, awarded plaintiff judgment against defendants in the amount of $78,168.21 plus interest and attorney's fees, unanimously modified, on the law, to vacate the award of attorney's fees and to remand for recomputation of interest in accordance with the decision herein and for entry of an amended judgment, and otherwise affirmed, without costs.
Scott Goldberg, for Plaintiff-Respondent.
Neil G. Marantz, for Defendants-Appellants.
Before: Rosenberger, J.P., Mazzarelli, Andrias, Ellerin, Lerner, JJ.
The evidence at trial demonstrated that the parties' agreement, as modified, unambiguously provided that plaintiff would be entitled to compensation in the circumstances proven here, i.e., where plaintiff's negotiations with the City resulted in a downward adjustment to a water bill issued to defendant The Benjamin Shapiro Realty Co., L.P.
However, we find that the provision in the agreement providing that defendant would be liable for "collection costs" did not include liability for attorney's fees (see, Hooper Assocs., Ltd. v. AGS Computers, Inc., 74 N.Y.2d 487, 492). In addition, the provision indicating that interest would "accrue" at a rate of 1.5% per month did not constitute an agreement to pay compounded interest (see, Rourke v. Fred H. Thomas Assocs., 216 A.D.2d 717, 718, appeal dismissed 86 N.Y.2d 837).
We have considered defendants' remaining contentions and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.