| Yonkers Rib House, Inc. v 1789 Cent. Park Corp. |
| 2009 NY Slip Op 00201 [58 AD3d 618] |
| January 13, 2009 |
| Appellate Division, Second Department |
| Yonkers Rib House, Inc., et al., Respondents, v 1789Central Park Corp. et al., Appellants. |
—[*1] Wasserman Grubin & Rogers, LLP, New York, N.Y. (James Joyce of counsel), forrespondents.
In an action, inter alia, to recover damages for breach of a promissory note, the defendantsappeal from (1) a judgment of the Supreme Court, Westchester County (Loehr, J.), entered July13, 2007, and (2) an amended judgment of the same court entered September 21, 2007, which,after a nonjury trial, is in favor of the plaintiffs and against them in the principal sum of$314,883.84.
Ordered that the matter is remitted to the Supreme Court, Westchester County, to set forththe factors considered and the reasons for its determination with respect to the plaintiffs' requestfor an award of an attorney's fee, and the appeals are held in abeyance in the interim. TheSupreme Court, Westchester County, shall file its report with all convenient speed.
While the plaintiffs are entitled to an attorney's fee award pursuant to the subject promissorynote, "[a]n award of attorneys' fees pursuant to such a contractual provision may only beenforced to the extent that the amount is reasonable and warranted for the services actuallyrendered" (Kamco Supply Corp. v Annex Contr., 261 AD2d 363, 365 [1999]). Therecord as to the attorney's fee awarded to the plaintiffs, however, is not sufficiently developed topermit appellate review. We therefore remit the matter to the Supreme Court, WestchesterCounty, for the purpose of setting forth the factors considered in determining the award of anattorney's fee to the plaintiffs and the reasons therefor (see Matter of Gamache v Steinhaus, 7 AD3d 525, 527 [2004];Gutierrez v Direct Mktg. Credit Servs., 267 AD2d 427, 427-428 [1999]; Matter ofRahmey v Blum, 95 AD2d 294 [1983]). Fisher, J.P., Balkin, McCarthy and Chambers, JJ.,concur.