Earlier this month, Stacey Patterson, Counsel at Herrick, successfully secured an order in the New York County Supreme Court, awarding a condominium client over $38,000.00 in attorneys' fees and costs, associated with a foreclosure of a condominium lien. These attorneys' fees and costs were initially awarded at a prior inquest hearing before a Special Referee. The condominium, through Ms. Patterson, was able to convince the Court, to confirm the award. The Court found that the condominium met its burden in establishing the reasonableness of the fees and costs, in accordance with the law's requirements. This victory is especially notable since the owner had previously attempted to avoid paying any attorneys' fees whatsoever in the foreclosure, by paying only the unpaid common charges covered by the condominium's lien, during the case. The owner had unsuccessfully pinned his hopes on a belief that since the condominium's attorneys' fees could not be maintained in the foreclosure action alone, that the condominium's attorneys' fees and costs would not be recoverable in a separate judgment against him.
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