Following summary judgment in plaintiff's favor, judgment was entered against defendants. The amount of attorneys' fees due plaintiff was referred to the Special Referee Part for an inquest, which was then administratively assigned to Manhattan Supreme Court Justice Frank Nervo.

Defendants contended plaintiff should not be awarded attorneys' fees on certain denied motions; alleged that plaintiff sought to recover for work performed in a related but separate action; and asserted that the hourly rate sought by plaintiff's counsel, $650 per hour, was exorbitant.