Lehman Commercial Paper, Inc. v. Point Property Co., LLC

I concur with the majority’s determination that the aspect of the appeal pertaining to redemption rights is moot, but I respectfully dissent as to the issue of the counsel fee award. I do not agree that the underlying circumstances require remittal for a further hearing, as the record reveals that Supreme Court properly provided for an evidentiary hearing on the issue of counsel fees. At the scheduled hearing, counsel for defendants Point Property Co., LLC and Point Annex Land Co., LLC (hereinafter collectively referred to as defendants) deliberately chose to instead discuss several other…