1050 Tenants Corp. v Lapidus

2008 NY Slip Op 05005

Decided on June 5, 2008

Appellate Division, First Department

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 5, 2008
Tom, J.P., Friedman, Nardelli, Buckley, Renwick, JJ.
3830 108653/05






MW Moody LLC, New York (Mark Warren Moody of counsel),
for appellants.
Gallet Dreyer & Berkey, LLP, New York (Jerry A. Weiss of
counsel), for respondent.

Judgment, Supreme Court, New York County (Marylin G. Diamond, J.), entered April 25, 2007, awarding plaintiff legal fees and costs in the amount of $34,269.99, unanimously affirmed, with costs.

The Special Referee considered the relevant factors in determining reasonable attorney fees (see Matter of Freeman, 34 NY2d 1, 9 [1974]), and his findings are supported by the record (see Barrett v Toroyan, 45 AD3d 301 [2007]). Time sheets of the non-testifying attorneys were properly admitted as business records; applicability of the hearsay exception was unchallenged. "Fees on fees" were properly awarded (see Senfeld v I.S.T.A. Holding Co., 235 AD2d 345 [1997], lv dismissed 91 NY2d 956 [1998], lv denied 92 NY2d 818 [1998]; cf. Sage Realty Corp. v Proskauer Rose, 288 AD2d 14 [2001]).

We have considered defendants' other contentions and find them unavailing.

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

ENTERED: JUNE 5, 2008

CLERK