Nestor v. Britt, 16 Misc. 3d 368 (2007)

Citation: Nestor v. Britt, 16 Misc. 3d 368 (2007)
Parent Document: Nestor v. Britt, 16 Misc. 3d 368 (2007)
Jurisdiction: New York (state)
Effective Date: 2007-04-23
Original Source: https://www.courtlistener.com/opinion/6308349/nestor-v-britt/ ↗

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This fee hearing raises one issue: whether respondent’s attorney fees are reasonable. Courts have the discretion to determine what constitutes reasonable attorney fees. (Laurie L. Lau, A Further Consideration of Attorney’s Fees in the Housing Court from One Judge’s Perspective, at 21 [unpublished monograph for NY St Bar Assn CLE, Jan. 2, 2007].) Using the lodestar method to determine the reasonableness of attorney fees, this court exercises its discretion by multiplying the time counsel spent to resolve the issues by counsel’s reasonable hourly rate. (Ross v Congregation B’Nai Abraham Mordechai, 12 Misc 3d 559, 566 [Hous Part, Civ Ct, NY County 2006].) The lodestar analysis is all encompassing and balanced, creating no windfall and administering no punishment.

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