RONNY BUNI, ESQ. AND THE LAW OFFICES OF RONNY BUNI, A PROFESSIONAL CORPORATION, plf-app v. VIVIAN KLEINERMAN AND GERALD KLEINERMAN, def-res

14-439. RONNY BUNI, ESQ. AND THE LAW OFFICES OF RONNY BUNI, A PROFESSIONAL CORPORATION, plf-app v. VIVIAN KLEINERMAN AND GERALD KLEINERMAN, def-res — Judgment (Frank P. Nervo, J.), entered July 15, 2013, modified to reduce defendants' recovery on their counterclaim to the principal sum of $8,371; as modified, judgment affirmed, without costs.

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14-439. RONNY BUNI, ESQ. AND THE LAW OFFICES OF RONNY BUNI, A PROFESSIONAL CORPORATION, plf-app v. VIVIAN KLEINERMAN AND GERALD KLEINERMAN, def-res — Judgment (Frank P. Nervo, J.), entered July 15, 2013, modified to reduce defendants’ recovery on their counterclaim to the principal sum of $8,371; as modified, judgment affirmed, without costs.

Plaintiffs, a law firm and its principal, commenced this action to recover for legal services rendered to defendants in connection with litigation commenced by defendants against a cooperative corporation and its individual board members. While the trial evidence, fairly interpreted, supports the court’s finding that plaintiffs overbilled for their services, the record does not support the court’s ultimate determination that the total value of the legal services rendered by plaintiffs was a mere $750. Viewing the evidence presented in light of all relevant factors (see Matter of Freeman, 34 NY2d 1, 9 [1974]), including the level of complexity of the issues raised in the underlying litigation, the necessity of plaintiffs, as successor counsel in that litigation, to gain familiarity with the file following defendants’ prior self-representation, and plaintiffs’ exercise of due diligence in preparing for an impending discovery deadline as reflected in detailed contemporaneous invoices, we conclude that the total fee award was inadequate to the extent indicated (see generally Tige Real Estate Dev. Co., Inc. v. Rankin-Smith, 233 AD2d 227, 228 [1996]); Matter of Rahmen v. Blum, 95 AD2d 294, 303-304 [1983]). We have modified the judgment on defendants’ counterclaim accordingly.

RONNY BUNI, ESQ. AND THE LAW OFFICES OF RONNY BUNI, A PROFESSIONAL CORPORATION, plf-app v. VIVIAN KLEINERMAN AND GERALD KLEINERMAN, def-res

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