Matter of 155 W. 21st St., LLC v McMullan

Matter of 155 W. 21st St., LLC v McMullan 2013 NY Slip Op 08521 Decided on December 19, 2013 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 19, 2013
Tom, J.P., Andrias, Saxe, DeGrasse, Richter, JJ.
11391N 109627/06

[*1]In re 155 West 21st Street, LLC, Petitioner-Appellant, HRH Construction LLC, Petitioner,

v

Alistair McMullan, Respondent-Respondent, Extell 21st Street LLC, Respondent.




Ledy-Gurren Bass & Siff LLP, New York (Nancy Ledy-Gurren
of counsel), for appellant.
Sheindlin & Sullivan, LLP, New York (Gregory Sheindlin of
counsel), for respondent.

Order, Supreme Court, New York County (Steven E. Liebman, Special Referee), entered September 6, 2012, which awarded certain attorney's fees against petitioner 155 West 21st Street, LLC, unanimously affirmed, with costs.

Contrary to petitioner's assertion, respondent Alistair McMullan could recover fees awarded under 22 NYCRR 130-1.1, even if counsel was representing him pro bono (see Senfeld v I.S.T.A. Holding Co., 235 AD2d 345 [1st Dept 1997], lv dismissed 91 NY2d 956 [1998], lv denied 92 NY2d 818 [1998]). Moreover, while the fact that respondent had vacated the premises at issue rendered the underlying proceeding moot, it did not deprive this Court of the power to award a sanction against petitioner in the proceeding. Nor was there a bar to respondent being awarded fees for the extensive effort of obtaining and defending the sanctions award (see Posner v S. Paul Posner 1976 Irrevocable Family Trust, 12 AD3d 177, 179 [1st Dept 2004]).

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

ENTERED: DECEMBER 19, 2013

CLERK