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RETAINED REALTY, INC., ap, v. 1828 51, LLC, ET AL., RESPONDENTS def

RETAINED REALTY, INC., ap, v. 1828 51, LLC, ET AL., RESPONDENTS def — (INDEX NO. 20656/10)In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Kings County (F. Rivera, J.), dated November 20, 2015, which, in effect, granted that branch of the cross motion of the defendants 1828 51, LLC, and Yitzchok Kaufman which was for an award of an attorney's fee pursuant to 22 NYCRR 130-1.1 to the extent of awarding an attorney's fee in the sum of $5,000.

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RETAINED REALTY, INC., ap, v. 1828 51, LLC, ET AL., RESPONDENTS def — (INDEX NO. 20656/10)In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Kings County (F. Rivera, J.), dated November 20, 2015, which, in effect, granted that branch of the cross motion of the defendants 1828 51, LLC, and Yitzchok Kaufman which was for an award of an attorney’s fee pursuant to 22 NYCRR 130-1.1 to the extent of awarding an attorney’s fee in the sum of $5,000.

ORDERED that the order is modified, on the facts and in the exercise of discretion, by deleting the provision thereof awarding an attorney’s fee in the sum of $5,000; as so modified, the order is affirmed, without costs or disbursements, and the matter is remitted to the Supreme Court, Kings County, to afford the parties an opportunity to submit evidence on the issue of the amount to be awarded for an attorney’s fee, and for a new determination on that issue thereafter.

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