Foreclosures—Mortgagor Entitled To Recover Legal Fees as the Prevailing Party—Hourly Rate and Billed Hours Reasonable—Not-For-Profit Legal Provider May Recover Fees—Attorneys Should Not Be Held to Ideal of Perfect Efficiency—Court Should Congratulate Attorney for His Preparation Time for the Appeal and Use of Remote Technology, Not Criticize Him

A defendant mortgagor had prevailed in a U.S. District Court (E.D.N.Y.) foreclosure action. The mortgagor then sought recovery of reasonable attorney fees and expenses pursuant to N.Y. Real Property Law (RPL) §282. The court had granted summary judgment to the mortgagor and also held that the mortgagor was entitled to attorneys' fees and costs as the "prevailing party under the state statute." The U.S. Court of Appeals for the Second Circuit had affirmed. Thus, the court had to then address the amount of attorney fees to be awarded.