Manu obtained a summary judgment pursuant to CPLR § 3212 on behalf of Fire Island Pines Property Owners’ Association, Inc. (“FIPPOA”) in a protracted and hotly contested contract dispute with a freight service provider, Roncalli Freight and Charter Service, Inc. (“Roncalli”). The parties asserted claims against each other under their freight service agreement. In furtherance of the order granting summary judgment to FIPPOA, the Court would make a separate determination of FIPPOA’s damages, costs, disbursements, and attorney’s fees on its counterclaim against Roncalli, but agreed to the submission of papers in lieu of a hearing.
Upon consideration of the parties’ submissions, the Court granted FIPPOA all damages sought by its counterclaim in the amount of $43,134.52 for unpaid landing fees, late fees and pre-judgment interest; $46,433.79 in costs and disbursements, and attorney’s fees in the amount of $235,145.13.
As is noted in the decision and order, Manu’s successful defense of Roncalli’s complaint against FIPPOA included obtaining an order pursuant to CPLR §§ 3211(a)(1), (7) and 3016(b), which eliminated thirteen of the eighteen causes of action asserted against FIPPOA, several of its board members, and The FIPPOA Charitable Foundation for breach of contract, breach of fiduciary duty, and tortious interference with prospective business relations.
A copy of the decision and order may be viewed here.