Petitioner, W 108 Development LLC moved pursuant to CPLR § 2221(d) to reargue the court’s September 28, 2022 decision and order awarding Respondent attorney fees and engineering costs in connection with a developer’s suit against a Manhattan nonprofit regarding roof access for a construction project.
Manhattan Supreme Court Justice W. Franc Perry previously deducted $48,917 from the total $325,902 of professional fees requested, finding that these funds were not recoverable as the $33,530 of attorney’s fees stemmed from an appeal of an interim court order and $15,387 of engineering fees as they were not performed in connection with this proceeding. These reductions resulted in the awarding of $276,984 of total professional fees in this matter.
