Opinion
June 21, 1993
Appeal from the Supreme Court, Queens County (Lonschein, J.).
Ordered that the order is modified, on the law, by deleting the provision thereof directing the law firm of Easton Echtman, P.C., to refund counsel fees paid in excess of $5,000; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
We agree with the Supreme Court that the appellant law firm did not demonstrate that it was entitled to additional counsel fees above those already paid (see generally, Spano v. Scott, 166 A.D.2d 917; Theroux v. Theroux, 145 A.D.2d 625). However, because the third-party defendants never affirmatively sought a refund by cross motion or otherwise, the court lacked the authority to grant such relief (see, Aadal v. Sunchris Realty, 89 A.D.2d 898). Thompson, J.P., Sullivan, Lawrence and Eiber, JJ., concur.