Legal Opinion
NYCTL 1998-1 Trust v. Oneg Shabbos Inc.
New York Supreme Court
Decided May 18, 2005PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Herbert Kramer, J.
Can a defaulting defendant litigate the amount awarded in attorney’s fees after the foreclosure sale?
*646The defendant, who defaulted in an action to foreclose a $59,000 tax lien and whose motion for a stay of the transfer of the deed was denied, contests the $88,000 legal fee awarded, asserting that these fees are unreasonable.1 In response, plaintiffs argue that the properly served defendant’s failure to appear throughout the course of the proceedings bars his participation now and that in any event the fees are reasonably based upon the amount of effort…
2Cases cited8 opinions
- Guardian Loan Co. v. EarlyNew York Court of Appeals · 1979
- NYCTL 1998-1 Trust & Bank of New York v. RabinowitzAppellate Division of the Supreme Court of the State of New York · 2004
- Ogletree, Deakins, Nash, Smoak & Stewart v. Albany Steel, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
- NYCTL 1996-1 Trust v. LFJ Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2003
- Green Point Savings Bank v. OppenheimAppellate Division of the Supreme Court of the State of New York · 1997
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- NYCTL 1998-1 Trust v. Oneg Shabbos, Inc.Appellate Division of the Supreme Court of the State of New York · 2007