MATTER OF NEW YORK CONVENTION CTR. DEV. CORP.


234 A.D.2d 167 (1996)

651 N.Y.S.2d 479

In the Matter of New York Convention Center Development Corporation, Relative to Acquiring Title to Certain Real Property Generally Bounded by 30th and 39th Streets and 11th & 12th Avenues, Respondent-Appellant. Recycling for Housing Partnership, Appellant-Respondent

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

December 19, 1996


Initially, we find that the trial court's decision to award $40,000 in attorney's fees to be arbitrary and an abuse of discretion in light of the extreme length of this proceeding, the fact that the contingency fee sought herein is manifestly reasonable in that it seeks only 25% of part of the total recovery (as opposed to the standard 33 1/3% of the entire recovery), coupled with the fact that the extent of the fee is largely attributable to petitioner's having originally...

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