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Board of Managers of 2121 Shore Condominium v. Estate of Mhatre

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


June 16, 2009

BOARD OF MANAGERS OF 2121 SHORE CONDOMINIUM, ETC., APPELLANT,
v.
ESTATE OF BHARAT K. MHATRE, RESPONDENT.

In an action to recover unpaid condominium common charges and related fees, the plaintiff appeals from so much of an order of the Supreme Court, Kings County (Schneier, J.), dated May 12, 2008, as granted its motion for reimbursement of additional counsel fees and expenses only to the extent of awarding the sum of $5,000.

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.

REINALDO E. RIVERA, J.P., HOWARD MILLER, RUTH C. BALKIN and LEONARD B. AUSTIN, JJ.

(Index No. 43462/03)

DECISION & ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

Under the circumstances here, we find no basis to disturb the granting of the plaintiff's motion for reimbursement of additional counsel fees and expenses only to the extent of awarding the sum of $5,000, to supplement the prior award of counsel fees and expenses in the foreclosure judgment (see Miller Realty Assoc. v Amendola, 51 AD3d 987, 990; Sempra Energy Trading Corp. v PG & E Texas VGM, 284 AD2d 253, 254; Orix Credit Alliance v Grace Indus., 261 AD2d 521, 522; Granada Condominium I v Morris, 225 AD2d 520).

RIVERA, J.P., MILLER, BALKIN and AUSTIN, JJ., concur.

20090616

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