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Posts Categorized: Attorney Fees

Posted: December 5, 2017

Plaintiff Without Standing to Bring Derivative Action Not Entitled to Fee Award Under BCL Sec. 626

On November 29, 2017, the Second Department issued a decision in Sakow v. Waldman, 2017 NY Slip Op. 08403, holding that a prevailing plaintiff that did not have standing to bring a derivative action was not entitled to a fee award under Business Corporations Law Sec. 626, explaining: Mawash moved for leave to renew its… Read more »

Posted: October 31, 2017

Fee Award Vacated Due to Trial Court’s Failure to Consider All Relevant Factors In Awarding Fees

On October 19, 2017, the First Department issued a decision in EVUNP Holdings LLC v. Frydman, 2017 NY Slip Op. 07335, vacating an attorneys’ fees award for failure to consider all the factors relevant to making such an award, explaining: The trial court has the authority and responsibility to determine that the claim for fees… Read more »

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 »