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Steinberg v. Queens Import Motors

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


June 8, 2010

JONATHAN R. STEINBERG, PLAINTIFF-APPELLANT,
v.
QUEENS IMPORT MOTORS, ET AL., DEFENDANTS-RESPONDENTS.

Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered on or about February 11, 2010, which granted defendants' motion to confirm the report and recommendations of the special referee, dated October 13, 2009, awarding defendants' legal fees in the amount of $35,100 plus a sanction of $5,000 payable to the Lawyers' Fund for Client Protection, as modified by the court to reduce the legal fee award to $28,600, and denied plaintiff's cross motion to renew and reargue prior motions, including one for the court's recusal, unanimously affirmed, with costs.

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.

Mazzarelli, J.P., Saxe, Nardelli, DeGrasse, Manzanet-Daniels, JJ.

114728/99

The report and recommendations of the special referee as to legal fees were properly confirmed, as modified, since the findings contained therein were supported by the record (see Nager v Panadis, 238 AD2d 135, 135-136 [1997]). Sanctions were also properly awarded against plaintiff for his "frivolous conduct" in connection with this action (22 NYCRR § 130-1.1).

There was no evidence to support plaintiff's contention that the court should have recused itself.

We have considered plaintiff's remaining arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20100608

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