Monday, September 22, 2014

An alleged abandonment of a claim for the award of attorney's fees.

Practice point:  22 NYCRR 202.48, "Submission of orders, judgments and decrees for signature," states, in pertinent part, as follows:

:"(a) Proposed orders or judgments, with proof of service on all parties where the order is directed to be settled or submitted on notice, must be submitted for signature, unless otherwise directed by the court, within 60 days after the signing and filing of the decision directing that the order be settled or submitted. "(b) Failure to submit the order or judgment timely shall be deemed an abandonment of the motion or action, unless for good cause shown."

Here, the Supreme Court's direction that the defendants submit a proposed order with respect to an award of an attorney's fee did not specify that the order be settled or submitted on notice. Therefore, the plaintiff's contention that the defendants abandoned their claim for an award of the fee by failing to comply with the 60-day rule is unavailing.

Student note: In determining reasonable compensation for an attorney, the court must consider such factors as the time, effort, and skill required; the difficulty of the questions presented; counsel's experience, ability, and reputation; the fee customarily charged in the locality; and the contingency or certainty of compensation.

Case:  47 Thames Realty, LLC v. Robinson, NY Slip Op 06051 (2d Dept. 2014)

Here is the decision.

Tomorrow's issue: Denial of a motion to file a late notice of claim.