KALIA v. RUTKIN

7025, 102076/10.

162 A.D.3d 614 (2018)

75 N.Y.S.3d 906

2018 NY Slip Op 04852

Seema Kalia, Respondent, v. David Rutkin, Appellant.

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

Decided June 28, 2018.


A fair reading of the order referring the matter to the JHO and the transcript from the June 2014 hearing confirm defendant's contention the JHO was instructed to calculate defendant's damages on all of his counterclaims, which included three causes of action for the recovery of attorneys' fees (including those incurred in this litigation). Thus, the JHO properly considered all relevant legal fees in determining the full amount of defendant's counterclaims, and the order...

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