Enright v. Mintz

OPINION OF THE COURT

Harold Tompkins, J.

Respondent moves for an award of attorney’s fees pursuant to section 234 of the Real Property Law. The parties have consented to a determination based upon the papers submitted, thus avoiding the necessity of holding a hearing on this issue (N. V. Madison, Inc. v Saurwein, 103 Misc 2d 996). Resolving these issues on papers, as done in the Federal courts, leads to an expeditious determination of whether the party is entitled to fees and the amount of the award and is in the interest of judicial economy.

The threshold question which must be resolved is…