People's United Bank v. Patio Gardens III, LLC

• Decision Date: 05 October 2016
• Citation: 143 A.D.3d 689,2016 N.Y. Slip Op. 06484,38 N.Y.S.3d 262
• Parties: PEOPLE'S UNITED BANK, etc., respondent, v. PATIO GARDENS III, LLC, appellant, et al., defendants.
• Court: New York Supreme Court — Appellate Division

143 A.D.3d 689
38 N.Y.S.3d 262
2016 N.Y. Slip Op. 06484

PEOPLE'S UNITED BANK, etc., respondent,
v.
PATIO GARDENS III, LLC, appellant, et al., defendants.

Supreme Court, Appellate Division, Second Department, New York.

Oct. 5, 2016.

38 N.Y.S.3d 263

Elias C. Schwartz, PLLC, Great Neck, N.Y. (Jennifer J. Bock and Lauren Davies of counsel), for appellant.

Jeffrey B. Hulse, Sound Beach, N.Y., for respondent.

RUTH C. BALKIN, J.P., LEONARD B. AUSTIN, SANDRA L. SGROI, and COLLEEN D. DUFFY, JJ.

In an action to foreclose two mortgages, the defendant Patio Gardens III, LLC, appeals, as limited by its brief, from so much of (1) an order of the Supreme Court, Suffolk County (Emerson, J.), dated July 14, 2015, as, without a hearing, granted that branch of the plaintiff's motion which was for an award of attorney's fees without apportioning the award between the two subject properties, (2) a judgment of foreclosure and sale of the same court entered August 19, 2015, as, upon the order dated July 14, 2015, awarded the plaintiff the sum of $75,000 in unapportioned attorney's fees, and (3) an order of the same court dated March 2, 2016, as, upon reargument, adhered to the original determination in the order dated July 14, 2015, granting that branch of the plaintiff's motion which was for an award of attorney's fees.

ORDERED that the appeals from the orders are dismissed; and it is further,

ORDERED that the judgment of foreclosure and sale is reversed insofar as appealed from, on the law and in the exercise of discretion, so much of the order dated July 14, 2015, as, without a hearing, granted that branch of the plaintiff's motion which was for an award of attorney's fees without apportioning the award between the two subject properties is vacated, and the matter is remitted to the Supreme Court, Suffolk County, for a new determination of that branch of the plaintiff's motion consistent herewith and following the submission of a more detailed affidavit of services rendered and, if necessary, for a hearing on that issue, and for the entry of an appropriate amended judgment thereafter; and it is further,

38 N.Y.S.3d 264

ORDERED that one bill of costs is awarded to the defendant Patio Gardens III, LLC.

The appeal from the intermediate order dated July 14, 2015, must be dismissed because the right of direct appeal therefrom...