Board of Managers of Tivoli Garden Condominium v. McCaffrey

Appellate Division of the Supreme Court of New York

Board of Managers of Tivoli Garden Condominium v. McCaffrey

271 A.D.2d 467, 706 N.Y.S.2d 903, 2000 N.Y. App. Div. LEXIS 4035

Appellate Division of the Supreme Court of the State of New York·Decided April 10, 2000·Published·Cited by 1 cases

Opinion

—In an action to recover unpaid common charges and related fees, the plaintiffs appeal, as limited by their brief, on the ground of inadequacy, from so much of an order of the Supreme Court, Dutchess County (Beisner, J.), dated May 19, 1999, as granted that branch of their motion which was for an award of an attorney’s fee in the sum of $250.

Ordered that the order is modified, as a matter of discretion, by deleting from the decretal paragraph thereof the sum of $250 and substituting therefor the sum of $750; as so modified, the order is affirmed, without costs or disbursements.

The court improvidently exercised its discretion in awarding [468] an attorney’s fee only in the sum of $250 (see, Galakis v Galakis, 260 AD2d 431). The award is therefore modified by increasing the fee to the sum of $750. Mangano, P. J., Santucci, Krausman, Florio and Schmidt, JJ., concur.

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—In an action to recover unpaid common charges and related fees, the plaintiffs appeal, as limited by their brief, on the ground of inadequacy, from so much of an order of the Supreme Court, Dutchess County (Beisner, J.), dated May 19, 1999, as granted that branch of their motion which was for an award of an attorney’s fee in the sum of $250.

Ordered that the order is modified, as a matter of discretion, by deleting from the decretal paragraph thereof the sum of $250 and substituting therefor the sum of $750; as so modified, the order is affirmed, without costs or disbursements.

The court improvidently exercised its discretion in awarding [468] an attorney’s fee only in the sum of $250 (see, Galakis v Galakis, 260 AD2d 431). The award is therefore modified by increasing the fee to the sum of $750. Mangano, P. J., Santucci, Krausman, Florio and Schmidt, JJ., concur.

Board of Managers of Tivoli Garden Condominium v. McCaffrey, 271 A.D.2d 467, 706 N.Y.S.2d 903, 2000 N.Y. App. Div. LEXIS 4035 (N.Y. Ct. App. 2000).

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Opinion

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