Blogs

Posts Categorized: Attorney Fees

Posted: January 7, 2019

Intentional Acts Covered Under CGL Policy Where Insured Did Not Intend “Specific Harmful Result”

On December 21, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in Zurich Am. Ins. Co. v Don Buchwald & Assoc., Inc., 2018 NY Slip Op 33325(U), holding that an intentional tort could be a covered occurrence trigger a CGL insurer’s duty to defend. This insurance coverage case arose from... Read more »

Posted: May 29, 2018

Property Owner Entitled to Defense Coverage as Additional Insured Under General Contractor’s CGL Policy; Fact Issues Preclude Summary Judgment on Indemnity Coverage

On May 11, 2018, Justice Lebovits of New York County Supreme Court issued a decision in Touro College v. Arch Specialty Ins. Co., Index No. 652642/2016, holding that a property owner was entitled to defense coverage for a personal injury action as an additional insured under a general contractor’s CGL policy.  The Court ruled that... Read more »

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 »