Justice Arlene Bluth
Respondent tenants’ proprietary lease was terminated and their shares canceled after prolonged litigation. Respondents refused to vacate and the co-op brought an action for ejectment. After prevailing, the co-op sold the shares for $4.2 million, keeping the amount of outstanding judgment and “additional recoverable legal fees and expenses not included in the judgments.” Respondents challenged the co-op’s right to make such deductions. The sole issue before the court was if the co-op was entitled to attorney fees, and what amount. The court noted the co-op was already found to be the prevailing party, thus entitled to fees. It found respondents did not raise any issue of fact and did not challenge any of the specific fees now claimed in the moving papers. Thus, the co-op was the prevailing party, and when fees are not challenged, no hearing is necessary. The court also noted that as respondents continued to litigate and now challenge fees after paying the arrears judgment, the prevailing party continued to be entitled to fees “over and over and over again.”
