Motion by the appellant for leave to reargue appeals from a judgment of the Supreme Court, Westchester County (O. Bellantoni, J.), dated July 28, 2006, and an order of the same court entered February 14, 2007, which were determined by decision and order of this Court dated April 8, 2008.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
STEVEN W. FISHER, J.P., DAVID S. RITTER, MARK C. DILLON and WILLIAM E. McCARTHY, JJ.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is futher,
ORDERED that upon reargument, the decision and order of this Court dated April 8, 2008 (Diaz v Audi of Am., Inc., 50 AD3d 728), is recalled and vacated and the following decision and order is substituted therefor:
In an action, inter alia, to recover damages for breach of warranty and violation of General Business Law § 198-b, the plaintiff appeals (1) from so much of a judgment of the Supreme Court, Westchester County (O. Bellantoni, J.), dated July 28, 2006, as, upon a decision of the same court entered July 6, 2006, made after a non-jury trial, awarded her an attorney's fee in the sum of only $25,000, and (2), as limited by her brief, from so much of an order of the same court entered February 14, 2007, as denied her cross motion, in effect, to amend the judgment to increase the amount of the attorney's fee and for an award of costs in the action and the taxation of necessary disbursements.
ORDERED that the order is reversed insofar as appealed from, on the law, the plaintiff's cross motion is granted, and the matter is remitted to the Supreme Court, Westchester County, for a determination of the appropriate amount to be awarded to the plaintiff as an additional attorney's fee for the litigation of the appeal, and the entry of an amended judgment thereafter in accordance herewith; and it is further,
ORDERED that the appeal from the judgment is dismissed in light of our determination on the appeal from the order; and it is further,
ORDERED that one bill of costs is awarded to the appellant.
After a non-jury trial, the plaintiff prevailed on her causes of action alleging breach of warranty and violation of General Business Law § 198-b (the so-called "Lemon Law"), and was awarded damages in the principal sum of $16,528.38, plus a statutory attorney's fee in the sum of $25,000. On appeal, the plaintiff argues that the amount of the attorney's fee awarded to her was inadequate, that she is entitled to an additional attorney's fee for the ...