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MILMAN v. CATALDI

139 Misc.2d 1067 (1988)

Natalie Milman, Petitioner, v. James Cataldi et al., Respondents.

Civil Court of the City of New York, New York County.

June 5, 1988

Attorney(s) appearing for the Case

Rosenberg & Estis, P. C. (Luise A. Barrack of counsel), for petitioner. Brenda I. Liebowitz for respondents.

PAUL L. KLEIN, J.

This posttrial hearing poses a novel question in the area of counsel fee awards under section 234 of the Real Property Law: Can a "reasonable" figure be based on an hourly rate greater than that billed to the client?

Before addressing that point, it is useful to note the context in which the question arises.

THE TRIAL AND ITS RESULTS

Petitioner sued for substantial rent arrears. Respondents affirmatively defended...

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