Posts Categorized: Attorney Fees

Posted: 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 Operating Corp., 2020 NY Slip Op. 07323, holding that plaintiffs that only were awarded nominal damages still were prevailing parties, entitling them to fees under the parties’ contract, explaining: The trial court properly awarded attorneys’ fees to... Read more »

Posted: 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 Part 60 Put-Back Litigation, 2020 NY Slip Op. 31693(U), holding that a trustee can obtain attorneys’ fees from a seller in an RMBS put-back action based on representation and warranty breaches, but not deciding whether fees would be... Read more »

Posted: 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 Park Union Condominium v. 910 Union St., LLC, 2019 NY Slip Op. 31994(U), holding that a prevailing party was not entitled to fees on fees, explaining: Plaintiffs argue that the Referee Report’s award of $34,200 for Plaintiffs’ hearing... Read more »

Posted: 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 Slip Op. 05341, holding that an arbitrator did not manifestly disreagard the law in awarding a prevailing party attorneys’ fees, explaining: We are mindful that courts possess very limited authority to review an arbitration award. Indeed,... Read more »

Posted: 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 in Julius Silvert, Inc. v. Open Kitchen 17, LLC, 2019 NY Slip Op. 30394(U), holding that an attorney fee provision entitling the plaintiff to one third of the award to it for attorneys’ fees was unenforceable, explaining: By contrast, Plaintiffs demand... Read more »

Posted: February 12, 2019

Client Q&A: I’m Getting Sued for Breach of Contract. The Defense Costs Are Almost as Bad as the Suit Itself. Can I Force the Plaintiff to Pay My Attorneys’ Fees if I Win?

By Joshua Wurtzel For many businesses, the cost of defending against a lawsuit—even one that has little chance of success—can be harrowing. And defending against a breach of contract claim can be especially expensive—since insurance often doesn’t cover contract claims, contract (unlike fraud) claims don’t require a plaintiff to plead its claim with particularity, and... Read more »

Posted: 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 Laval U.S. Holding, Inc., 2019 NY Slip Op. 00699, holding that a mixed result meant that neither party was a prevailing party for the purposes of awarding attorneys’ fees, explaining: Given the mixed results of this case, the court properly... Read more »

Posted: 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 NY Slip Op. 00674, holding that where a derivative action plaintiff had not posted security pursuant to Partnership Law § 121-1003, the plaintiff could not subsequently be required to pay the partnership’s attorneys’ fees, explaining: The court properly... Read more »

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, triggering a CGL insurer’s duty to defend. This insurance coverage case arose from... Read more »