HOVANEC BUILDERS & DEVELOPERS CORP., INC. v. HINES


173 A.D.2d 951 (1991)

Hovanec Builders & Developers Corporation, Inc., Appellant, v. Robert J. Hines et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 2, 1991


Mikoll, J.

On this appeal plaintiff contends that Supreme Court improperly fixed the award of counsel fees at 33 1/3% of the amount of the jury award (plus interest) in favor of plaintiff following four days of trial for damages arising out of a breach of a construction contract. We disagree. The construction contract at issue provided in pertinent part that: "Any collection fees, including Contractor's attorneys fee, if it becomes necessary, because...

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