| Reveyoso v Town Sports Intl. LLC |
| 2019 NY Slip Op 04482 [173 AD3d 457] |
| June 6, 2019 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Joan Reveyoso, Appellant, v Town Sports International LLC, Doing Business as New York Sports Club, Respondent. |
Bergstein & Ullrich, LLP, New Paltz (Stephen Bergstein of counsel), for appellant.
Gordon Rees Scully Mansukhani, LLP, Harrison (Allyson Avila of counsel), for respondent.
Harrison, Harrison & Associates, New York (Julie Salwen of counsel), for amicus curiae.
Order, Supreme Court, New York County (W. Franc Perry, J.), entered November 26, 2018, which denied in part plaintiff's motion for attorneys' fees and costs, unanimously affirmed, without costs.
Supreme Court did not abuse its discretion by awarding plaintiff compensation for 50% of the requested compensable hours expended by her attorneys, based upon the court's conclusion, detailed in its decision, that the hours billed were disproportionate to the complexity of the case (see Luciano v Olsten Corp., 109 F3d 111, 117 [2d Cir 1997]; McGrath v Toys "R" Us, Inc., 3 NY3d 421, 430 [2004]; Administrative Code of City of NY § 8-502 [g]).
We have considered the parties' remaining contentions and find them unavailing. Concur—Friedman, J.P., Tom, Kapnick, Kahn, JJ.
Motion to file amicus curiae brief granted, and the brief deemed filed. [Prior Case History: 2018 NY Slip Op 32939(U).]