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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Respondent’s attorney fees are also reduced for time devoted to unsuccessful claims. (See Hensley v Eckerhart, 461 US 424, 434-435 [1983] [finding that in determining proper attorney fee awards, unsuccessful claims are not related to ultimate result achieved and should be treated like unrelated claims raised in separate lawsuit].) Work related to respondent’s unsuccessful motion for sanctions in the 2006 holdover proceeding should be excluded. Respondent’s attorneys’ billing records do not indicate the actual time spent drafting the sanctions motion. The entries show only that Lamb and Kastner spent 18.1 hours to prepare the 22-page motion to dismiss and for sanctions dated May 8, 2006. Four of the 22 pages, or 18% relate solely to the sanctions issue. The court will deduct 18% from the total time Lamb and Kastner billed to prepare the moving papers. This amounts to a reduction of $1,256.13. The billing entries also show an additional 34.3 hours devoted to drafting respondent’s reply affirmation in support of his motion to dismiss and the motion for sanctions. Three of the 21 pages, or 16.6% relate solely to the sanctions issue. The court will deduct an additional $2,409.50. Petitioners are entitled to a reduction of $3,665.63 for work done for the unsuccessful sanctions motion.

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