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FILED: NEW YORK COUNTY CLERK 05/11/2018 10:33 AM
`FILED: NEW YORK COUNTY CLERK 05m2018 10:33 AM
`
`NYSCEF DOC. NO. 209
`NYSCEF DOC. NO. 209
`
`INDEX NO. 154808/2013
`INDEX NO~ 154808/2013
`
`
`
`
`
`RaCaIVaD VYSCEF: 05/11/2018
`RECEIVED NYSCEF: 05/11/2018
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`
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`SUPREME COURT OF THE STATE OF NEW YORK
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`NEW YORK COUNTY
`
`PRESENT: Hon. Nancy M. Bannon
`Justice
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`PART fl
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`WALID MOHAMED, et al.
`
`- v -
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`CITY OF NEW YORK, et al.
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`INDEX NO. 154808/13
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`MOTION DATE
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`7/12/17
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`3/28/18
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`MOTION SEQ. NO.
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`
`008 011
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`The following papers were read on this motion for an award of attorneys’ fees (SEQ 008) and motion to confirm
`a referee’s report recommending the amOunt of fees (SEQ 011):
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`SEQ 008 Notice of Motionl Order to Show Cause —- Affirmation — Affidavit(s)
`Exhibits — Memorandum of Law-------------------------------------------------------------
`
`No(s). ———1—————
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`Answering Affirmation(s) — Affidavit(s) — Exhibits ---------------------------------
`
`No(s).
`
`Replying Affirmation — Affidavit(s) — Exhibits -----------------------------------------
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`No(s).
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`2
`
`3
`
`:EQ 011 Notice of Motionl Order to Show Cause — Affirmation — Affidavit(s)
`xhibits — Memorandum of Law-------------------------------------------------------------
`
`No(s).
`
`1
`——
`
`Answering Affirmation(s) — Affidavit(s) — Exhibits ----------------------------------
`
`No(s).
`
`Replying Affirmation — Affidavit(s) — Exhibits -----------------------------------------
`
`No(s).
`
`2
`
`3
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`In this action, inter alia, pursuant to 42 USC § 1983 to recover damages for the violation of the
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`plaintiff’s constitutional rights under color of state law, the plaintiff moves pursuant to 42 USC § 1988
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`for an award of reasonable attorney’s fees, costs, and disbursements (SEQ 008). By interim order
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`dated July 13, 2017, the court granted the motion to the extent of awarding the plaintiff his attorney’s
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`fees at the hourly billing rate of $450 per hour for the time expended by attorney Aymen Aboushi and
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`$400 per hour for the time expended by attorney Tahanie Aboushi in prosecuting this action, up to and
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`including the court appearance of July 12, 2017, plus costs and disbursements, and referred the
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`matter to a referee to hear and report on the number of hours that were reasonably expended by those
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`attorneys, and the amount of costs and disbursements actually and reasonably incurred.
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`The referee (Louis Crespo, Special Referee) conducted a hearing on October 3, 2017, which,
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`by stipulation, was on submitted papers, and filed his report on November 13, 2017.
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`In his report, the
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`referee recommended that the court credit Aymen Aboushi for 444.10 hours of legal work and Tahanie
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`Aboushi for 186.50 hours, along with a fee at $100.00 per hour for 43 hours of work performed by
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`paralegals, all with a 15% downward adjustment to account for block billing, for a fee award of
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`
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`FORTHEFOLLOWINGREASON(S):
`
`
`
`MOTION/CASEISRESPECTFULLYREFERREDTOJUSTICE
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`Page I of 3
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`lof3
`1 of 3
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`

`

`FILED: NEW YORK COUNTY CLERK 05/11/2018 10:33 AM
`FILED: NEW YORK COUNTY CLERK 05m2018 10:33 AM
`
`NYSCEF DOC. NO. 209
`NYSCEF DOC. NO. 209
`
`INDEX NO. 154808/2013
`INDEX NO~ 154808/2013
`
`
`
`
`
`R«.C«.IV«.D \IYSCEF: 05/11/2018
`RECEIVED NYSCEF: 05/11/2018
`
`
`
`$236,933.00. The referee further recommended that the plaintiff also recover $11,858.82 in costs and
`disbursements, for a total award of fees, costs, and disbursements in the sum of $248,791 .82, plus
`
`applicable interest.
`
`The plaintiff now moves pursuant to CPLR 4403 to confirm the report. The defendants' do not
`expressly oppose the confirmation of the report, but contend that interest on the amount awarded by
`the jury be calculated from the date of verdict and that interest on the amount of fees and costs
`awarded run only from the date that the fees and costs were awarded. The motions are granted.
`
`As a general rule, the court should not disturb the findings of a referee, and the report should
`be confirmed if the referee’s findings are supported by the record, the referee has clearly defined the
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`issues, and resolved matters of credibility.
`
`§e_e Board of Mgrs. of Boro Park Vii-Phase l
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`Condominium v Boro Park Townhouse Assoc, 284 ADZd 237 (1St Dept. 2001); Freedman v Freedman,
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`211 ADZd 580 (1St Dept. 1995). The court concludes that the referee’s findings as to the number of
`hours properly expended by the plaintiff’s counsel in prosecuting the action are supported by the
`record, that the referee clearly defined the issues referred to him, and that he resolved all matters
`involving the credibility of the claim of the number of hours reasonably expended, as adjusted
`downward to account for block billing. _S_e_e Freidman v Yakov, 138 AD3d 554 (1St Dept. 2016). The
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`report is thus confirmed.
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`The award of costs and fees is only recoverable in connection with the cause of action asserted
`pursuant to 42 USC § 1983, and only the defendants Hernandez, Santana, and Larocco were found by
`the jury to be liable for violation of the plaintiff’s constitutional rights. Since the City may not be held
`vicariously liable therefor (fl Monell v Department of Social Servs. of City of N.Y., 436 US 658
`[1977]), the award of costs and fees is made only against those individual defendants.
`
`Interest on a jury verdict in a tort and civil rights action runs from the date that the defendants
`are found liable by the court or the finder of fact. & CPLR 5002; Love v State of New York, 78 NY2d
`540 (1991). That date here is December 9, 2016.
`Interest on an award of attorneys” fees and costs
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`runs from the date on which the court determined that the plaintiff was the prevailing party. m Solow
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`Mgt. Corp. v Tanger, 19 AD3d 225 (15‘ Dept. 2005). Here, that date is July 13, 2017, when the court
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`made that finding.
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`Accordingly, it is
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`ORDERED that the plaintiff's motion for an award of attorneys’ fees and costs (SEQ 008) is
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`granted in its entirety, and he is awarded the sum of $236,933.00 as and for an attorneys’ fee and the
`sum of $1 1,858.82 in costs and disbursements, for a total award of fees, costs, and disbursements in
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`the sum of $248,791.82, plus statutory interest from July 13, 2017; and it is further,
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`ORDERED that the plaintiff’s motion to confirm the report of Special Referee Louis Crespo
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`dated November 13, 2017 (SEQ 011) is granted, and the report is confirmed; and it is further,
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`Page 2 of 3
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`20f3
`2 of 3
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`

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`FILED: NEW YORK COUNTY CLERK 05/11/2018 10:33 AM
`FILED: NEW YORK COUNTY CLERK 05m2018 10:33 AM
`
`NYSCEF DOC. NO. 209
`NYSCEF DOC. NO. 209
`
`INDEX NO. 154808/2013
`INDEX NO~ 154808/2013
`
`
`
`
`
`
`R«.C«.IV«.D \lYSCEF: 05/11/2018
`RECEIVED NYSCEF: 05/11/2018
`
`ORDERED that the Clerk of the court shall, in accordance with CPLR 5016, 5017, and 5018,
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`enterjudgment in favor of the plaintiff, Walid Mohamed, by his mother and natural guardian Amiriah
`Omran, and (a) against the defendants City of New York, Steven Hernandez, George Santana, and
`Robert Larocco, jointly and severally, in the sum of $783,000.00, plus statutory interest thereon from
`December 9, 2016, (b) against the defendants Steven Hernandez, George Santana, and Robert
`Larocco, jointly and severally, in the sum of $248,791.82, as and for attorneys’ fees, costs, and
`disbursements, plus statutory interest thereon from July 13, 2017, (0) against the defendant Steven
`Hernandez in the additional sum of $10,000.00, plus statutory interest thereon from December 9, 2016,
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`(d) against the defendant George Santana in the additional sum Of $5,000.00, plus statutory interest
`thereon from December 9, 2016, and (e) against the defendant Robert Larocco in the additional sum of
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`$5,000.00, plus statutory interest thereon from December 9, 2016.
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`This constitutes the Decision and Order Of the court.
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`Dated: May 10, 2018
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`, JSC
`
`HON. NANCY M. BANNON
`
`1. Check one: ...........................I CASE DISPOSED Cl NON-FINAL DISPOSITION
`2. Check as appropriate: MOTION IS:
`.GRANTED C] DENIED D OTHER SEQ 008
`3. Check as appropriate: MOTION IS: I GRANTED E] DENIED [:1 OTHER SEQ 011
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`Page 3 of 3
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`30f3
`3 of 3
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