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In re 155 W. 21St St., LLC

Supreme Court of New York, First Department

December 19, 2013

In re 155 West 21st Street, LLC, Petitioner-Appellant,
v.
Alistair McMullan, Respondent-Respondent, HRH Construction LLC, Petitioner, Extell 21st Street LLC, Respondent.

Ledy-Gurren Bass & Siff LLP, New York (Nancy Ledy-Gurren of counsel), for appellant.

Sheindlin & Sullivan, LLP, New York (Gregory Sheindlin of counsel), for respondent.

Tom, J.P., Andrias, Saxe, DeGrasse, Richter, JJ.

Order, Supreme Court, New York County (Steven E. Liebman, Special Referee), entered September 6, 2012, which awarded certain attorney's fees against petitioner 155 West 21st Street, LLC, unanimously affirmed, with costs.

Contrary to petitioner's assertion, respondent Alistair McMullan could recover fees awarded under 22 NYCRR 130-1.1, even if counsel was representing him pro bono (see Senfeld v I.S.T.A. Holding Co., 235 A.D.2d 345 [1st Dept 1997], lv dismissed 91 N.Y.2d 956 [1998], lv denied 92 N.Y.2d 818 [1998]). Moreover, while the fact that respondent had vacated the premises at issue rendered the underlying proceeding moot, it did not deprive this Court of the power to award a sanction against petitioner in the proceeding. Nor was there a bar to respondent being awarded fees for the extensive effort of obtaining and defending the sanctions award (see Posner v S. Paul Posner 1976 Irrevocable Family Trust, 12 A.D.3d 177, 179 [1st Dept 2004]).


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