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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In addition, respondent’s attorney fee award is reduced by excluding the time spent on respondent’s surreply in the 2006 holdover proceeding. Attorney fees may not be recovered for unnecessary work. (Nestor v Britt, NYLJ, July 2, 1998, at 32, col 2, affd 270 AD2d at 193.) Judge Lansden noted that Judge Finkelstein’s order permitted only petitioners to submit surreply papers. Respondent should not have assumed that he could submit surreply papers, and petitioners should not have to pay for this extra work. But respondent’s preparation of the surreply was helpful at oral argument. The court will not exclude completely all the work done to prepare the surreply. The billing records indicate 2.7 hours for Lamb’s preparing the surreply on July 3, 2006, and 2.6 hours for Kastner to review it on July 4, 2006. The court reduces this to one hour of Lamb’s rate of $365. This amounts to reduction of $1,972 for the surreply.

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