On October 5, 2023, Justice Crane of the New York County Commercial Division issued a decision in 318 W. 15th St. Apt. Corp. v. 320 W 15 LLC, 2023 NY Slip Op. 33468(U), rejecting an application for fees on fees, explaining:
[T]the court declines to award 320 Owner the additional $3,381 it seeks for additional fees incurred in having to make this fee application, as doing so would amount to an award of fees on fees. It has been established that an award of fees on fees must be based on a statute or on an agreement. Absent any statute or agreement allowing fees on fees, the request must be denied. Here, no such statute or agreement permits recovering these fees on fees. As such, the court declines to award that amount.
(Internal citations omitted).