Fishman v. Solomon

Appeal from an order of the Supreme Court, Westchester County (Paul I. Marx, J.), dated February 24, 2015. The order granted the defendant’s application for an award of an attorney’s fee in the sum of $46,138.

Ordered that the order is affirmed, with costs.

Contrary to the plaintiff’s contention, he waived his right to a hearing on the defendant’s application for an award of an attorney’s fee by agreeing that, although “each party retains the right to appeal any order of this court with respect to counsel fees,” the parties’ respective applications for an award of an attorney’s fee would be…