Handler v Lapidus

Handler v Lapidus 2008 NY Slip Op 08183 [55 AD3d 465] October 28, 2008 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, December 10, 2008

Arthur M. Handler, Respondent,
v
Steven R. Lapidus et al., Appellants, and 1050 Tenants Corp., Respondent.

—[*1] M. W. Moody LLC, New York (Mark Warren Moody of counsel), and Law Office of Theodore P. Kaplan, New York (Theodore P. Kaplan of counsel), for appellants.

Handler & Goodman LLP, New York (Robert S. Goodman of counsel), for Arthur M. Handler, respondent.

Gallet Dreyer & Berkey, LLP, New York (Jerry A. Weiss of counsel), for 1050 Tenants Corp., respondent.

Judgment, Supreme Court, New York County (Marylin G. Diamond, J.), entered September 25, 2007, directing the Lapidus defendants to pay principal sums of $111,936.96 to plaintiff and $279,773.65 to defendant tenants corporation, unanimously affirmed, with costs.

In accordance with the order of reference, the Referee evaluated the reasonable amount of attorney fees incurred as a result of the Lapidus violation of the 2002 stipulation (see Handler v 1050 Tenants Corp., 24 AD3d 231 [2005]), and considered all the requisite factors (see Matter of Freeman, 34 NY2d 1, 9 [1974]). The Referee's report was properly confirmed as supported by the record (see 1050 Tenants Corp. v Lapidus, 52 AD3d 248 [2008]). The recommended fees were reasonable and fully documented, and did not constitute [*2]compensation of plaintiff and the tenants corporation for aspects of this litigation outside the scope of the reference. We have considered and rejected the Lapidus defendants' remaining arguments. Concur—Mazzarelli, J.P., Andrias, Nardelli, Buckley and Freedman, JJ.