PRO BONO CAN PAY OFF

Who said no good deed goes unpunished?

Zi Chang Realty Corp. v. Chen, NYLJ  April 14, 2020, Date filed: 2020-03-20,  Court: Civil Court, New York, Judge: Judge Frances Ortiz, Case Number: LT-069323-18/NY:

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Respondents are a prevailing party on their motion for summary judgment, after Judge Chinea awarded summary judgment in their favor and dismissed the petition. Moreover, under paragraph 16 (D) (3) of the lease (Exhibit I to the motion — copy of lease) and RPL §234, respondents are entitled to recovery of reasonable attorney’s fees from petitioner. Graham Court Owners Corp. v. Taylor, 24 N.Y.3d 742 (2015).

Ms. Femiano is a supervising attorney at MFJ with over eight years experience and admission to the New York State bar. She has devoted the majority of her private and public interest practice to landlord-tenant law representing tenants. Mr. Longobardi also has over three years legal experience in landlord tenant law and other public interest legal representation. He has been admitted to the New York State bar, since February 2015. Both of them performed legal research, drafted pleadings and motions, met, corresponded with respondents, appeared in court on their behalf and conducted the instant hearing. These were integral and reasonable responsibilities necessary to defend respondents’ ultimately successful case outcome. Based on the above credentials of the attorneys, the $350 hourly rate for Ms. Femiano and $300 hourly rate for Mr. Longobardi which is a generally accepted and reasonable hourly rate of similar landlord-tenant practitioner, this Court finds their hourly rate reasonable. Lastly, the actual time spent also appears reasonable to the Court. However, the $150 hourly rate sought for paralegal Fanny Chan will be reduced to an $85 hourly rate, as such $85 amount has been determined to be a reasonable billing rate for paralegals. S.B.H. Realty v. Santana, supra.

Hence, this Court finds the total combined 84.5 hours requested is reasonable. Specifically, these hours are 67.4 hours at $300 hourly for Mr. Longobardi ($20,220) and 9.6 hours at $350 hourly for Ms. Femiano ($3,360) for a final total cost of $23, 580 in attorney’s fees. As to the paralegal fees for Ms. Chan, the total is 7.5 hours at $85 hourly rate ($637.50).

Therefore, the total fees are $24,217.50 ($23,580 plus $637.50).

Additionally, free legal service providers can be awarded attorney’s fees. The fact that respondents are represented by a free legal services provider (MFJ) does not bar them from an attorney’s fee award. Maplewood Management, Inc. v. Best, 143 A.D.2d 978 (2nd Dep’t 1988); Matter of Greenpoint Hosp. Community Bd. v. NYC Health and Hospitals Corp., 114 A.D.2d 1028 (2nd Dep’t 1985); Alfonso v. Rosso, 137 Misc.2d 915 (Civ. Ct. NY Cty 1987).

Moreover, “an award of attorney’s fees to the organization providing free legal services indirectly serves the same purpose as an award directly to a fee paying litigant” by encouraging the protection of the indigent litigant’s rights. Brandenburger v. Thompson, 494 F.2d 885 (9th Cir. 1974); Atamanuk v. Kwok Yuin Wong, 82 Misc. 2d 1059, 1061-62 (Civ. Ct. NY Cty. 1975). Here, the fact that the legal services clients/respondents did not incur actual legal expenses does not mean that such an award will be a windfall to them, since this Court is directing that the award of attorney’s fees be paid directly to the legal services office.

Accordingly, respondents are entitled to an award of attorney’s fees totaling $24,217.50.: