David Realty & Funding, LLC v Second Ave. Realty Co.
2006 NY Slip Op 01258 [26 AD3d 257]
February 21, 2006
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 19, 2006


David Realty and Funding, LLC, Appellant,
v
Second Avenue Realty Co. et al., Appellants, et al., Defendants. Jay G. Seiden, Nonparty Respondent.

[*1]

Order and judgment (one paper), Supreme Court, New York County (Emily Jane Goodman, J.), entered May 20, 2005, which, in large part, granted respondent receiver's motion to confirm a Special Referee's report fixing the receiver's reasonable attorneys' fee, and awarded the receiver an attorneys' fee of $133,555, unanimously affirmed, without costs.

The Special Referee's findings, with the court's minor revisions, are substantially supported by the record (see Vastwin Invs. v Aquarius Media Corp., 295 AD2d 216, 217 [2002], appeal dismissed 99 NY2d 637 [2003]). The Special Referee and the court properly employed their own knowledge, expertise and experience in determining the reasonableness of the fee (see Schoenau v Lek, 283 AD2d 200 [2001]), and properly explained their elimination of certain hours billed (see Holskin v 22 Prince St. Assoc., 178 AD2d 347, 348 [1991]). Our recent decision in Matter of Jakubowicz v A.C. Green Elec. Contrs., Inc. (25 AD3d 146 [2005]), limiting an hourly rate to $250 (see id. at 152), is distinguishable. While that case involved the same attorney who here seeks a fee on behalf of his firm, he was there acting as the receiver, not as an attorney, [*2]and the rate of the attorney he had engaged was reduced where the fee was largely generated by out-of-court work, not appearances at a prolonged hearing. Concur—Tom, J.P., Andrias, Nardelli and Malone, JJ.