Snake Riv. Dev., LLC v Andrew K & Assoc., Inc.

Snake Riv. Dev., LLC v Andrew K & Assoc., Inc. 2003 NY Slip Op 51450(U) Decided on November 18, 2003 Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. Appellate Term, First Department

[*1] This opinion is uncorrected and will not be published in the Official Reports.
Digest-Index Classification:Attorney and Client—Compensation
Decided on November 18, 2003
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT:
HON. LUCINDO SUAREZ, P.J.
HON. WILLIAM P. McCOOE
HON. PHYLLIS GANGEL-JACOB, Justices.
570402/03

SNAKE RIVER DEVELOPMENT, LLC, Petitioner-Landlord-Respondent,

against

ANDREW K & ASSOCIATES, INC.,

[*2]Respondent-Tenant-Appellant.

Tenant appeals from an order of the Civil Court, New York County, dated March 6, 2003 (Eileen N. Nadelson, J.) which directed a hearing to determine the reasonable attorney's fees due landlord, and from a judgment of the same court and Judge entered March 28, 2003 which, after a hearing, awarded landlord attorney's fees in the amount of $41,270.21 in a nonpayment summary proceeding.

PER CURIAM:

Order dated March 6, 2003 (Eileen N. Nadelson, J.) and judgment entered March 28, 2003 (Eileen N. Nadelson, J.) affirmed, with $25 costs.

Landlord was properly awarded legal fees as the prevailing party in this commercial nonpayment proceeding. Landlord's acceptance of tenant's payment in satisfaction of the money judgment for rent does not equate with an accord and satisfaction on the issue of attorney's fees (see, Patel v Orma, 190 AD2d 782, 783; 815 Park Ave. Owners Inc. v Metzyer, 250 AD2d 471). This issue is typically addressed after entry of a final judgment (see, Monacelli v Farrington, 240 AD2d 296).

The amount of the award was within reasonable limits, in view of the [*3]results achieved in the within Civil Court litigation and the related bankruptcy proceedings, and considering the absence below of any challenge by tenant to the qualifications or time spent by landlord's counsel. "The determination of reasonable counsel fees is a matter within the sound discretion of the trial court and, absent abuse, that court's determination should be upheld" (Shrauger v Shrauger, 146 AD2d 955, 956, appeal dismissed 74 NY2d 844).

This constitutes the decision and order of the court.