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BOARD OF MGRS. OF THE 411 E. 53RD ST. CONDOMINIUM EX REL. UNIT OWNERS OF THE 411 EAST 53RD STREET CONDOMINIUM v. FARACCO

Index No. 150263/19. Appeal No. 15223. Case No. 2021-00074.

202 A.D.3d 431 (2022)

158 N.Y.S.3d 572

2022 NY Slip Op 00717

Board of Managers of the 411 East 53rd Street Condominium, Acting on Behalf of the Unit Owners of the 411 East 53rd Street Condominium, Respondent, v. John Faracco, Appellant, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided February 3, 2022.

Attorney(s) appearing for the Case

Charles Wallshein, PLLC, Melville (Charles Wallshein of counsel), for appellant.

Seyfarth Shaw LLP, New York (Jerry A. Montag of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Webber, Oing, Mendez, Higgitt, JJ.

The court providently exercised its discretion in awarding plaintiff attorneys' fees without a hearing (see 542 E. 14th St. LLC v Lee, 66 A.D.3d 18, 24 [1st Dept 2009]). That branch of plaintiff's motion to confirm the underlying referee's report that sought an award of attorneys' fees was supported by an affirmation of counsel detailing the work performed and invoices properly considered...

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