On May 24, 2017 a
Motion-Secondary
was filed
involving a dispute between
44 Wall, Llc,
and
The Corporate Presence, Inc.,
for Commercial - Contract
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 11/03/2017 07:38 PM INDEX NO. 652807/2017
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 11/03/2017
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK Index No. 652807/2017
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48 WALL, LLC,
AFFIRMATION IN
Plaintiff, SUPPORT OF LEGAL
FEES
- against -
THE CORPORATE PRESENCE, INC.,
Defendant.
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DANIEL A. FASS, an attorney, duly admitted to practice law in the Courts of
this State, affirms that the following statements are true under penalty of perjury:
1. I am a partner of the law firm of Klapper & Fass, attorneys for the
plaintiff. Neither I nor any partners or other associates of mine are salaried employees of
plaintiff.
2. I make this Affirmation in support of Plaintiff’s claim for attorney fees as
provided in paragraph 27 of the subject lease (see Ex. A hereto).
3. I was admitted to the practice of law in the State of New York in February,
1978 and I have since practiced in the area of commercial litigation.
4. The claim reflected by this law suit was referred to me in or about May
201y, as a result of the breach by defendant of the subject lease and which I have examined.
5. The legal services which have been rendered on behalf of this firm in this
matter since then are as follows: conference and consultation with client, review and analysis of
the subject lease, the summary proceedings which resulted in the eviction of the defendant,
review of plaintiff’s rent ledgers and other supporting documents, drafting of the summons and
complaint, communications with opposing counsel, review of the Answer, and preparation of the
within motion for summary judgment, including supporting affirmations and affidavit.
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FILED: NEW YORK COUNTY CLERK 11/03/2017 07:38 PM INDEX NO. 652807/2017
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 11/03/2017
6. The legal services rendered by this firm involved 10.00 hours for a total
fee of $3,500.00, based upon an hourly billing rate of $350.00.
7. It is my opinion and belief, that the fair and reasonable value of the firm’s
total services in this matter is at least $3,500.00, and that itis equal to or less than the usual fee
charged by law firms with similar background and experience for comparable services rendered.
WHEREFORE, itis respectfully requested that plaintiff be awarded attorney’s
fees in the sum of $3,500.00.
Dated: White Plains, New York
November 3, 2017
____________________________
DANIEL A. FASS
-2-
2 of 2
Document Filed Date
November 03, 2017
Case Filing Date
May 24, 2017
Category
Commercial - Contract
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FILED: NEW YORK COUNTY CLERK 11/03/2017 07:38 PM INDEX NO. 652807/2017 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 11/03/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Index No. 652807/2017 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x 48 WALL, LLC, AFFIRMATION IN Plaintiff, SUPPORT OF LEGAL FEES - against - THE CORPORATE PRESENCE, INC., Defendant. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x DANIEL A. FASS, an attorney, duly admitted to practice law in the Courts of this State, affirms that the following statements are true under penalty of perjury: 1. I am a partner of the law firm of Klapper & Fass, attorneys for the plaintiff. Neither I nor any partners or other associates of mine are salaried employees of plaintiff. 2. I make this Affirmation in support of Plaintiff’s claim for attorney fees as provided in paragraph 27 of the subject lease (see Ex. A hereto). 3. I was admitted to the practice of law in the State of New York in February, 1978 and I have since practiced in the area of commercial litigation. 4. The claim reflected by this law suit was referred to me in or about May 201y, as a result of the breach by defendant of the subject lease and which I have examined. 5. The legal services which have been rendered on behalf of this firm in this matter since then are as follows: conference and consultation with client, review and analysis of the subject lease, the summary proceedings which resulted in the eviction of the defendant, review of plaintiff’s rent ledgers and other supporting documents, drafting of the summons and complaint, communications with opposing counsel, review of the Answer, and preparation of the within motion for summary judgment, including supporting affirmations and affidavit. 1 of 2 FILED: NEW YORK COUNTY CLERK 11/03/2017 07:38 PM INDEX NO. 652807/2017 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 11/03/2017 6. The legal services rendered by this firm involved 10.00 hours for a total fee of $3,500.00, based upon an hourly billing rate of $350.00. 7. It is my opinion and belief, that the fair and reasonable value of the firm’s total services in this matter is at least $3,500.00, and that itis equal to or less than the usual fee charged by law firms with similar background and experience for comparable services rendered. WHEREFORE, itis respectfully requested that plaintiff be awarded attorney’s fees in the sum of $3,500.00. Dated: White Plains, New York November 3, 2017 ____________________________ DANIEL A. FASS -2- 2 of 2