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Posts Categorized: Attorney Fees

Posted: September 7, 2017

Appellate Court’s Costs Award Does Not Bar Application for Fees Under Contract

On August 31, 2017, Justice Ostrager of the New York County Commercial Division issued a decision in Lin Shi v. Alexandratos, 2017 NY Slip Op. 31836(U), holding that an appellate court’s award of costs did not preclude a later application for an award of attorneys’ fees under the parties’ contract, explaining: [The plaintiff] correctly argues… Read more »

Posted: July 23, 2017

Plaintiff Awarded Fees Based on Unmistakably Clear Language in Contract

On July 14, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in SASOF TR-43 Aviation Ireland Ltd. v. Eastok Avia FZC, Yanair Ltd., 2017 NY Slip Op. 31514(U), awarding a prevailing party attorney’s fees under a contract, explaining: Plaintiffs request an award of reasonable attorneys’ fees under the Agreements. When… Read more »

Posted: December 25, 2016

Court Awards Fees-on-Fees, But Drastically Cuts Referee’s Award

On December 5, 2016, Justice Kornreich of the New York County Commercial Division issued a decision in Sina Drug Corp. v. Mohyuddin, 2016 NY Slip Op. 32392(U), awarding attorneys’ fees authorized by agreement, including fees-on-fees, but drastically cutting the amount of the award recommended by a referee. In Sina Drug Corp., the court referred to… Read more »

Posted: June 23, 2016

RMBS Trustee Plaintiff Entitled to Reimbursment of Attorneys’ Fees From Defendant

On June 16, 2016, the First Department issued a decision in U.S. Bank N.A. v. DLJ Mortgage Capital, Inc., 2016 NY Slip Op. 04795, holding than an RMBS trustee was entitled to be reimbursed by the defendant for the trustee’s attorneys’ fees in bringing an RMBS put-back action against the defendant. In U.S. Bank, the… Read more »

Posted: June 18, 2016

What Opponent Paid its Counsel is Relevant In Dispute of Reasonableness of Attorneys’ Fees

On June 6, 2016, Justice Oing of the New York County Commercial Division issued a decision in Macy’s Inc. v. J.C. Penney Corp., Inc., 2016 NY Slip Op. 31045(U), confirming a JHO’s decision ordering a party contesting an attorneys’ fee award to produce its own legal bills, explaining: JHO Gammerman properly determined that [the defendant’s]… Read more »

Posted: March 25, 2016

Court Awards Attorneys’ Fees Based on Unaccepted CPLR 3220 Offer to Liquidate Damages

On March 9, 2016, Justice Demarest of the Kings County Commercial Division issued a decision in Saul v. Cahan, 2016 NY Slip Op. 50295(U), awarding attorneys’ fees based on an unaccepted CPLR 3220 offer to liquidate damages. In Saul, the defendant’s counsel served an offer to liquidated damages on the plaintiff’s counsel. Plaintiff did not… Read more »

Posted: December 14, 2015

Court Awards $5 Million In Attorneys’ Fees And Costs In Civil Rights Saga

“The Court assumes familiarity with the facts and procedural history of the case” Judge Joanna Seybert writes in the opening sentence of Restivo v. Nassau County, 06-CV-6720 (E.D.N.Y. Nov. 30, 2015), but it is difficult to appreciate fully the outcome – the award of $5 million in attorneys’ fees and costs to the well-known plaintiffs’… Read more »