IN THE MATTER OF THE HOLLOW METAL TRUST FUND v. SAW MILL AUTO SALES, INC.

Nos. 7407, 7407A, 110712/10.

94 A.D.3d 574 (2012)

942 N.Y.S.2d 347

2012 NY Slip Op 2808

In the Matter of THE HOLLOW METAL TRUST FUND et al., Respondents, v. SAW MILL AUTO SALES, INC., Appellant.

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

Decided April 17, 2012.


The collective bargaining agreement and the trust agreements between the parties did not require respondent, who prevailed in the arbitration proceeding, to pay the expenses of the litigation other than fees and costs incurred in bringing the underlying federal action to compel an audit. Respondent, however, was never afforded an opportunity to review the invoices upon which the award of legal fees to petitioner was made. These invoices apparently included fees for legal...

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