Opinion
Submitted October 13, 1999
November 15, 1999
Gary E. Rosenberg, P.C., Forest Hills, N.Y. (Harvey L. Woll of counsel), appellant pro se.
McCormack McCormack, P.C., Garden City, N.Y. (James P. McCormack of counsel), respondent pro se.
Lisabeth Ovadia, East Meadow, N.Y. (Jeffrey S. Lisabeth and Stephanie G. Ovadia of counsel), respondent pro se.
CORNELIUS J. O'BRIEN, J.P., THOMAS R. SULLIVAN, GLORIA GOLDSTEIN, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
In a proceeding pursuant to Judiciary Law § 475 to fix attorney's fees, the petitioner appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Vaughan, J.), dated January 28, 1999, as denied that branch of its motion which sought prejudgment interest pursuant to CPLR 5001 and the costs and disbursements of the proceeding.
ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.
The petitioner's failure to seek prejudgment interest pursuant toCPLR 5001 in connection with the order of the Supreme Court, Kings County, which originally fixed the amount of the legal fees due it, or in connection with its prior appeal (see, Matter of Rosenberg, P.C. v. McCormack, 250 A.D.2d 679 ), acted as a waiver of any claim for prejudgment interest (see, DiIorio v. Gibson Cushman of N.Y., 167 A.D.2d 267, cert denied 502 U.S. 868).
In addition, we reject the petitioner's contention that it was entitled to the costs and disbursements of this proceeding. Under all the circumstances, such an award would not be equitable (see,CPLR 8101, 8301).
O'BRIEN, J.P., SULLIVAN, GOLDSTEIN, and FEUERSTEIN, JJ., concur.