ISAACS v. JEFFERSON TENANTS CORP (2000)

Supreme Court, Appellate Division, First Department, New York.

Herbert L. ISAACS, Plaintiff-Appellant, v. JEFFERSON TENANTS CORP., et al., Defendants-Respondents.

Decided: March 14, 2000

ROSENBERGER, J.P., MAZZARELLI, ELLERIN, LERNER and FRIEDMAN, JJ.

Douglas A. Kellner, for Plaintiff-Appellant. Charles E. Torres, for Defendants-Respondents.

Order and judgment (one paper), Supreme Court, New York County (Diane Lebedeff, J.), entered October 16, 1998, which granted in part and denied in part the motion by defendant Jefferson Tenants Corporation to confirm the report and recommendation of the Special Referee, dated February 18, 1998, and awarded defendant Jefferson Tenants Corporation the sum of $69,044.82 in counsel fees, unanimously affirmed, with costs.

Plaintiff was properly required to pay defendant cooperative association's legal costs and disbursements pursuant to paragraph 28 of the proprietary lease, and, as the IAS court held in disaffirming part of the report and recommendations of the Special Referee, plaintiff was not entitled to a credit against his counsel fee obligation in the amount of the payment made to the cooperative by its insurer. The collateral source rule (CPLR 4545) is inapplicable to plaintiff's obligation to pay counsel fees. Plaintiff may not benefit from the circumstance that the cooperative had an insurance policy to cover its legal costs.

MEMORANDUM DECISION.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law