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Schoenau v. Lek

Appellate Division of the Supreme Court of New York, First Department
May 8, 2001
283 A.D.2d 200 (N.Y. App. Div. 2001)

Opinion

May 8, 2001.

Order, Supreme Court, New York County (Ira Gammerman, J.), entered April 4, 2000, which, inter alia, granted respondent's cross motion to confirm the report of the referee finding the reasonable value of the legal services for which respondent is obligated to pay pursuant to the parties' indemnification agreement, to be $10,000, unanimously affirmed, with costs.

Leonard Weintraubu, for petitioner-appellant.

Philip R. Schatz, for respondent-respondent.

Before: Sullivan, P.J., Williams, Mazzarelli, Wallach, Rubin, JJ.


Petitioner has failed to demonstrate that the referee's report was not substantially supported by the record (see, Matter of Krewer, 233 A.D.2d 127, 128). The referee's reduction of the amount sought by petitioner's counsel to $10,000, without setting forth an itemization specifying the reductions from counsel's bills, was reasonable in view of counsel's inadequate documentation of the services rendered and the ultimately meager nature of the result for which compensation was sought, and in light of counsel's billings for unnecessarily extensive document review and file organization. It was proper for the referee to employ his own knowledge, experience and expertise as to the time required to perform similar legal services in determining the reasonableness of the claimed fee, and we cannot say that his conclusions that the underlying services had been overvalued by counsel and that they were worth only $10,000, were unreasonable (see, Matter of Rahmey v. Blum, 95 A.D.2d 294, 300; Jordan v. Freeman, 40 A.D.2d 656, 657).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Schoenau v. Lek

Appellate Division of the Supreme Court of New York, First Department
May 8, 2001
283 A.D.2d 200 (N.Y. App. Div. 2001)
Case details for

Schoenau v. Lek

Case Details

Full title:CHARLES C. SCHOENAU, PETITIONER-APPELLANT, v. SAMUEL F. LEK…

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

Date published: May 8, 2001

Citations

283 A.D.2d 200 (N.Y. App. Div. 2001)
724 N.Y.S.2d 305

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