Husenovski v. Absalom

Background

The opinion consists of a letter from Jeffrey A. Rothman, who stated that he and Jason Leventhal represented the plaintiff. The plaintiff had accepted a court-rule settlement offer of $15,001 plus reasonable attorneys’ fees, expenses, and costs through the date of the offer for the plaintiff’s federal claims.

The attorneys and the City later agreed on the amount of fees, expenses, and costs. The court approved that agreement on April 7, 2022. The agreement required the City to pay $11,774 to Leventhal and $9,226 to Rothman.

Rothman stated that the attorneys provided the executed settlement documents to opposing counsel on April 1, 2022. He argued that New York Civil Practice Law and Rules § 5003-a(b) required payment within 90 days, by June 30, 2022. According to the letter, the checks were dated August 22, 2022 and received in late August.

Requested relief

Rothman argued that interest was due at 9% per year, calculated from April 1, 2022 through August 22, 2022. He calculated that the proper interest was $325.21 on his $9,226 payment and $415.15 on Leventhal’s $11,774 payment. He stated that the City sent him $64.58 in interest and Leventhal $82.42, leaving claimed shortfalls of $260.63 and $332.73.

Rothman also requested attorney’s fees for 2.5 hours spent preparing the letter and any additional related filings. He cited 28 U.S.C. § 1927 and the court’s inherent authority as grounds for that request. The opinion does not resolve the legal arguments or determine whether any additional interest or attorney’s fees are required.

Court’s action

Judge Paul A. Engelmayer directed the City of New York to submit a response to the letter by October 18, 2022. The order did not state that the court granted or denied the request for additional interest or attorney’s fees. It also did not determine the amount, if any, that the City must pay.