Plaintiff was properly required to pay defendant cooperative association's legal costs and disbursements pursuant to paragraph 28 of the proprietary lease, and, as the IAS court held in disaffirming part of the report and recommendations of the Special Referee, plaintiff was not entitled to a credit against his counsel fee obligation in the amount of the payment made to the cooperative by its insurer. The collateral source rule (CPLR 4545) is inapplicable to plaintiff's obligation to pay counsel fees. Plaintiff may not benefit from the circumstance that the cooperative had an insurance policy to cover its legal costs.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.