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

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 10, 2000

StatusPublished

Cited by1 cases

This text of 271 A.D.2d 467 (Board of Managers of Tivoli Garden Condominium v. McCaffrey) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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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

—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]*468an 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]*468an 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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271 A.D.2d 467, 706 N.Y.S.2d 903, 2000 N.Y. App. Div. LEXIS 4035, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-managers-of-tivoli-garden-condominium-v-mccaffrey-nyappdiv-2000.

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