1050 Tenants Corp. v Lapidus

1050 Tenants Corp. v Lapidus 2008 NY Slip Op 05005 [52 AD3d 248] [52 AD3d 248] June 5, 2008 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, August 13, 2008

1050 Tenants Corp., Respondent,
v
Steven R. Lapidus et al., Appellants.

—[*1] 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 nontestifying 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. Concur—Tom, J.P., Friedman, Nardelli, Buckley and Renwick, JJ.