BOARD OF MANAGERS OF THE 25TH CHARLES STREET CONDOMINIUM plf-res, v. CELIA SELIGSON, def-ap

14535N-14535NA. BOARD OF MANAGERS OF THE 25TH CHARLES STREET CONDOMINIUM plf-res, v. CELIA SELIGSON, def-ap — Michael T. Sucher, Brooklyn, for ap — Ganfer & Shore, LLP, New York (Ira Brad Matetsky of counsel), for res — Judgment, Supreme Court, New York County (Milton A. Tingling, J.), entered September 13, 2013 (the attorneys' fees judgment), against defendant in favor of both plaintiffs in the amount of $262,639.86, representing attorneys' fees, interest, and costs, unanimously modified, on the law and the facts, to vacate the award as to plaintiff 25 Charles Owners Corporation (the Residential Unit Owner), reduce the principal amount of the award from $235,000 to $221,000, and make CPLR 5002 interest run from January 7, 2013 instead of May 24, 2012, and otherwise affirmed, without costs. Judgment, same court and Justice, entered September 16, 2013 (the common charges judgment), to the extent appealed from as limited by the briefs, awarding interest against defendant to plaintiff Board of Managers of the 25 Charles Street Condominium (the Condo Board), unanimously reversed, on the law and the facts, without costs, CPLR 5001 interest made to run from December 1, 2009 (not April 9, 2007) through January 6, 2012 (not June 29, 2011), CPLR 5002 interest made to run from January 6, 2012 instead of June 29, 2011, and the rate of CPLR 5002 interest fixed at 1.75 percent instead of 9 percent. The Clerk is directed to enter judgments accordingly.

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14535N-14535NA. BOARD OF MANAGERS OF THE 25TH CHARLES STREET CONDOMINIUM plf-res, v. CELIA SELIGSON, def-ap — Michael T. Sucher, Brooklyn, for ap — Ganfer & Shore, LLP, New York (Ira Brad Matetsky of counsel), for res — Judgment, Supreme Court, New York County (Milton A. Tingling, J.), entered September 13, 2013 (the attorneys’ fees judgment), against defendant in favor of both plaintiffs in the amount of $262,639.86, representing attorneys’ fees, interest, and costs, unanimously modified, on the law and the facts, to vacate the award as to plaintiff 25 Charles Owners Corporation (the Residential Unit Owner), reduce the principal amount of the award from $235,000 to $221,000, and make CPLR 5002 interest run from January 7, 2013 instead of May 24, 2012, and otherwise affirmed, without costs. Judgment, same court and Justice, entered September 16, 2013 (the common charges judgment), to the extent appealed from as limited by the briefs, awarding interest against defendant to plaintiff Board of Managers of the 25 Charles Street Condominium (the Condo Board), unanimously reversed, on the law and the facts, without costs, CPLR 5001 interest made to run from December 1, 2009 (not April 9, 2007) through January 6, 2012 (not June 29, 2011), CPLR 5002 interest made to run from January 6, 2012 instead of June 29, 2011, and the rate of CPLR 5002 interest fixed at 1.75 percent instead of 9 percent. The Clerk is directed to enter judgments accordingly.

The award of attorneys’ fees to the Residential Unit Owner should be vacated because “attorneys’ fees were not authorized by agreement, statute or court rule” (Atlantic Dev. Group, LLC v. 296 E. 149th St., LLC, 70 AD3d 528, 529-530 [1st Dept 2010]). The subject condominium’s bylaws authorize the payment of attorneys’ fees only to the Condo Board.

BOARD OF MANAGERS OF THE 25TH CHARLES STREET CONDOMINIUM plf-res, v. CELIA SELIGSON, def-ap

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