Childress argues for substantial reductions in the amounts claimed.
There is no substance to plaintiff's contention that Mailman should receive no award. That contention is based on alleged misrepresentations on the part of Mailman or his counsel, the firm of Colton, Harnick, Yamin & Sheresky (the "Colton firm"). The first misrepresentation is said to arise from Mailman's failure to disclose "that he has *741 already paid himself $24,000 in legal fees" (Brief for Childress at 9). That is a reference to an arrangement Mailman, as owner of the theatre where the infringing play was produced, entered into with the other defendants after commencement of plaintiff's action, whereby Mailman withheld part of the box office receipts to indemnify the theatre against potential liability as a passive infringer. I agree withMailman that he was under no obligation to disclose that agreement as part of his present fee application, or to factor the amount involved into the calculation of fees recoverable from plaintiff, against whom Mailman prevailed. Childress cannot be regarded as a third-party beneficiary of any agreement entered into between the parties she elected to sue. Mailman's recovery of legal costs from Childress may place him under an obligation to account to the other defendants from whom funds were withheld, but that is of no concern to Childress, and it would be inequitable to allow her to benefit from an agreement to which she was a stranger.
Plaintiff's second argument advanced under the "clean hands" rubric is that Mailman's claimed attorney's fees are not properly supported by the documents