Commercial Division Blog: Current Developments in the Commercial Divisions of the New York State Courts

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July 29, 2022 Attorneys' Fees Awarded Even in Absence of Itemized Time Records
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
May 2, 2022 Plaintiff Sanctioned and Ordered to Pay Defendants' Attorneys' Fees for Making a Frivolous Motion for Reargument and Renewal
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
December 29, 2021 Second Department Distinguishes Treatment of Claims and Damages against Insurance Company in Breach of Duty to Defend Case
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
December 19, 2020 Plaintiff Prevailing Party, Entitling it to Fees, Even Though it Only Was Awarded Nominal Damages
On December 8, 2020, the First Department issued a decision in Quik Park W. 57 LLC v. Bridgewater Op… Read More
June 23, 2020 Trust Entitled to Fees in RMBS Put-Back Action Based on Representation and Warranty Breaches
On May 25, 2020, Justice Friedman of the New York County Commercial Division issued a decision in Pa… Read More
June 12, 2020 Court Holds that CPLR 3220 Award Only Available When Matter Has Gone to Trial
On April 7, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Loe… Read More
July 21, 2019 Party Not Entitled to Fees on Fees
On July 8, 2019, Justice Scapulla of the New York County Commercial Division issued a decision in Pa… Read More
July 10, 2019 Arbitrator Did Not Manifestly Disregard the Law in Awarding Prevailing Party Attorney's Fees
On July 2, 2019, the First Department issued a decision in Matter of Steyn v. CRTV, LLC, 2019 NY Sli… Read More
March 13, 2019 Attorney Fee Provision Entitling Plaintiff to Fees Equaling One Third of Award Unenforceable
On February 20, 2019, Justice Cohen of the New York County Commercial Division issued a decision inÂ… Read More
February 7, 2019 Mixed Result Meant that Neither Plaintiff Nor Defendant Was Prevailing Party for Award of Attorneys' Fees Purposes
On January 31, 2019, the First Department issued a decision in Blue Sage Capital, L.P. v. Alfa Lava… Read More
February 6, 2019 Partnership Not Entitled to Recover Fees from Derivative Action Plaintiff When Security for Fees Not Posted
On January 31, 2019, the First Department issued a decision in NWM Capital, LLC v. Scharfman, 2019 N… Read More
December 7, 2017 Court Awards Fees to Prevailing Party But Refuses to Award Fees on Fees
On November 22, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
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. … Read More
November 4, 2017 New York Attorney Rates Found Reasonable in Nevada Litigation
On October 18, 2017, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
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 N… Read More
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… Read More
August 31, 2017 Plaintiff Cannot Get Attorneys’ Fees Under CPLR 3220 Unless Action Goes to Trial
On August 30, 2017, the Second Department issued a decision in Saul v. Cahan, 2017 NY Slip Op. 06391… Read More
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 … Read More
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 … Read More
September 27, 2016 Contract Entitled Prevailing Party to Fees, But Not Fees on Fees
On September 8, 2016, Justice Ramos of the New York County Commercial Division issued a decision in … Read More
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, … Read More
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… Read More
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… Read More
September 16, 2015 Defendant Not "Prevailing Party" under Fee-Shifting Agreement for Claim Dismissed for Lack of Proper Service
On September 4, 2015, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
July 15, 2015 Prevailing Party Not Entitled to Fees Under Contract Because Provision Awarding Costs Not Unmistakably Clear
On June 11, 2015, Justice Kornreich of the New York County Commercial Division issued a decision in … Read More
May 31, 2015 Court Awards Attorneys' Fees on Fraudulent Conveyance Claim
On May 21, 2015, Justice Demarest of the Kings County Commercial Division issued a decision in Ohana… Read More
May 14, 2015 Award of Fees Under CPLR 3220 Available Even if Action is Disposed of on a Motion to Dismiss
On May 1, 2015, Justice Demarest of the Kings County Commercial Division issued a decision in Saul v… Read More
April 17, 2015 Settlement Signed By Counsel Binding On Client
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
March 13, 2015 Attorneys' Fees Award Reversed for Lack of Proof
On March 10, 2015, the First Department issued a decision in 135 E. 57th St., LLC v. 57th St. Day Sp… Read More
March 4, 2015 Fee Provision in Note Unenforceable Penalty
On February 19, 2015, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
February 9, 2015 Court not Bound by Parties' Agreed-to Formula for the Calculation of Attorneys' Fees
On February 4, 2015, the Second Department issued a decision in Prince v. Schacher, 2015 NY Slip Op.… Read More