On October 26, 2023 Justice Melissa A. Crane, of the New York County Commercial Division issued a decision in Newark Rehabilitation Ctr., PA v Simela, Index No. 651425/2022, 2023 NY Slip Op 33838(U), awarding plaintiff’s attorneys’ fees, but reducing the amount of fees after an inquest. First, the Court declined to award plaintiff’s attorneys fees incurred in making the fee application, holding that this would be an “impermissible award of fees on fees,” which “must be denied” “[a]bsent any statute or agreement allowing fees on fees,” which was not present in this case. The Court further reduced the remainder of the fees requested, finding that there were numerous instances of duplicative and excessive billing, explaining: Read More

In a Decision and Order, dated October 3, 2023, in Seymour v. Hovnanian., Index No. 154579/2016, Justice Melissa Crane set a hearing on plaintiff’s former counsel’s motion to enforce its statutory charging lien. The Court explained: Read More

On October 3, 2023, Justice Melissa A. Crane, of the New York County Commercial Division issued a decision in Fuks v. Rakia––– Associates, Index No. 122768/1998, granting defendant’s request for attorneys’ fees, but reducing the amount of fees requested by 50%. In a prior order, the court had permitted the defendant to seek reasonable attorneys’ fees incurred solely in prosecuting a prior claim for a constructive trust, as permitted by the partnership agreement. However, the defendant’s motion for attorneys’ fees failed to distinguish between fees incurred prosecuting that claim and the instant action, and also improperly included block billing and other issues. The Court thus reduced the fee award, explaining: Read More

On March 27, 2023, Justice Margaret A. Chan of the New York County Commercial Division issued a decision in HCC Insurance Holdings, Inc. v. Athenium Analytics LLC, 2023 N.Y. Misc. LEXIS 1317. The Court held that an unconditional guaranty on a note was an instrument for the payment of money only within the meaning of CPLR 3213, even where the guarantee, in the preamble and within a provision providing for indemnification, including the word “performance.” The Court explained: Read More

In a Decision and Order, dated February 17, 2023, in Gibbs v. Holland & Knight, LLP, Index No. 159345/2014, Justice Andrew Borrok of the New York County Commercial Division denied a former partner’s motion to vacate the arbitrator’s award of attorneys’ fees and costs to defendant law firm and granted defendant’s cross-motion to confirm the final award even though plaintiff prevailed on one discrete issue in the arbitration. The Court explained: Read More

On February 14, 2023, Justice Margaret Chan of the New York County Commercial Division issued a decision in Pacific Premier Bank v. HNI, LLC, 2023 N.Y. LEXIS 647, confirming the report and recommendation of Special Referee Jeremy R. Feinberg awarding plaintiff nearly $1 million in attorneys’ fees and costs incurred in the litigation pursuant to a contractual provision. The Court explained: Read More

On January 12, 2023, Justice Melissa A. Crane of the New York County Commercial Division issued a decision in Lis v. Lancaster, 2023 N.Y. Misc. LEXIS 182, permitting the plaintiff to make a motion for sanctions in the form of its reasonable attorneys’ fees in making a discovery motion where the opposing party improperly withheld documents pursuant to the attorney-client privilege without properly logging those documents on a privilege log. The Court denied the motion insofar as it asked the Court to strike the defendants’ pleadings pursuant to CPLR 3126. The Court explained: Read More

On January 13, 2023, Justice Andrea Masley of the New York County Commercial Division issued a decision in Parkmerced Invs., LLC v. WeWork Cos. LLC, 2023 N.Y. Misc. LEXIS 213, holding that a party was the “prevailing party” for the purpose of awarding attorneys’ fees pursuant to a contractual provision permitting the award of fees to the prevailing party where it had obtained an order granting its motion to dismiss the claims against it in its entirety. The Court explained: Read More

On January 22, 2023, Justice Melissa A. Crane of the New York County Commercial Division issued a decision in Entech Engineering, P.C. v. Dewberry Engineers Inc., 2023 NY Slip Op 30221(U), holding that the defendant, as prevailing party, was entitled to its attorneys' fees, but refusing to award fees for work done before the lawsuit was filed and refusing to award pre-judgment interest on the amount of the fees, explaining: Read More

In a Decision and Order, dated December 8, 2022, in Marcum LLP v. L’Abbate, Balkan, Colavita & Contini, L.L.P., Index No. 151586/2021, Justice Joel Cohen of the New York County Commercial Division, among other things, dismissed plaintiff’s claim to recover legal fees paid in connection with allegedly negligent work but not plaintiff’s claim for compensation for its increased legal expenses arising out of defendant law firm’s late withdrawal as counsel. The Court explained: Read More

In a Decision and Order dated July 29, 2022, in Lotte Hotel New York Palace, LLC v. Anthony J. DiGuiseppe, P.C., 2022 N.Y. Slip Op. 32606(U), Justice Andrea Masley held defendants in contempt regarding their failure to place certain funds in a segregated account.  The Court further awarded plaintiff sanctions against the defendants in the amount of plaintiff's costs and reasonable attorney's fees incurred in prosecuting the action. Read More

On May 7, 2022, Justice Andrea Masley of the New York County Commercial Division issued a decision in Continental Industries Group, Inc. v. Ustuntas, 2022 N.Y. Slip Op. 31525(U), awarding attorneys' fees to defendants even when defendants' counsel did not submit hourly or line-item invoices, explaining: Read More

On April 12, 2022, Justice Jennifer Schecter of the New York County Commercial Division issued a decision in Cattan v. Ermotti, 2022 NYLJ LEXIS 367, sanctioning the plaintiff and ordering it to pay the defendants' attorneys' fees incurred in opposing the plaintiff's motion for reargument and renewal of the court's dismissal order based on a forum-selection clause, explaining: Read More

On November 17, 2021, in East Ramapo Cent. Sch. Dist. v New York Schs. Ins. Reciprocal, 2021 NY Slip Op 0634, the Second Department reversed the decision of Justice Stephen A. Bucaria that dismissed a claim arising from an insurer’s bad-faith denial of coverage and reduced by 65% damages relating to a breach of the duty to defend. The Court explained that in the context of insurance liability litigation, at the pretrial stage courts are reluctant to dismiss complaints alleging bad faith and damages for breach of the duty to defend, unlike in a fee shifting case, are presumed reasonable: Read More

On December 8, 2020, the First Department issued a decision in Quik Park W. 57 LLC v. Bridgewater Op… Read More

On May 25, 2020, Justice Friedman of the New York County Commercial Division issued a decision in Pa… Read More

On April 7, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Loe… Read More

On July 8, 2019, Justice Scapulla of the New York County Commercial Division issued a decision in Pa… Read More

On July 2, 2019, the First Department issued a decision in Matter of Steyn v. CRTV, LLC, 2019 NY Sli… Read More

On February 20, 2019, Justice Cohen of the New York County Commercial Division issued a decision in�… Read More

By Joshua Wurtzel For many businesses, the cost of defending against a lawsuit—even one that h… Read More

On January 31, 2019, the First Department issued a decision in Blue Sage Capital, L.P. v. Alfa Lava… Read More

On January 31, 2019, the First Department issued a decision in NWM Capital, LLC v. Scharfman, 2019 N… Read More

On November 22, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More

On November 29, 2017, the Second Department issued a decision in Sakow v. Waldman, 2017 NY Slip Op. … Read More

On October 18, 2017, Justice Kornreich of the New York County Commercial Division issued a decision … Read More

On October 19, 2017, the First Department issued a decision in EVUNP Holdings LLC v. Frydman, 2017 N… Read More

On August 31, 2017, Justice Ostrager of the New York County Commercial Division issued a decision in… Read More

On August 30, 2017, the Second Department issued a decision in Saul v. Cahan, 2017 NY Slip Op. 06391… Read More

On July 14, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in … Read More

On December 5, 2016, Justice Kornreich of the New York County Commercial Division issued a decision … Read More

On September 8, 2016, Justice Ramos of the New York County Commercial Division issued a decision in … Read More

If I win, will they pay my attorney's fees? By Vitali S. Rosenfeld This question is one of the recur… Read More

On June 16, 2016, the First Department issued a decision in U.S. Bank N.A. v. DLJ Mortgage Capital, … Read More

On June 6, 2016, Justice Oing of the New York County Commercial Division issued a decision in Macy's… Read More

On March 9, 2016, Justice Demarest of the Kings County Commercial Division issued a decision in Saul… Read More

On September 4, 2015, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More

On June 11, 2015, Justice Kornreich of the New York County Commercial Division issued a decision in … Read More

On May 21, 2015, Justice Demarest of the Kings County Commercial Division issued a decision in Ohana… Read More

On May 1, 2015, Justice Demarest of the Kings County Commercial Division issued a decision in Saul v… Read More

In Gordon v. The City of New York, 09 CV 04577 (E.D.N.Y. Mar. 31, 2015), Judge Edward R. Korman gran… Read More

On March 10, 2015, the First Department issued a decision in 135 E. 57th St., LLC v. 57th St. Day Sp… Read More

On February 19, 2015, Justice Sherwood of the New York County Commercial Division issued a decision … Read More

On February 4, 2015, the Second Department issued a decision in Prince v. Schacher, 2015 NY Slip Op.… Read More