Prevailing Party Not Entitled to Pre-Judgment Interest on Award of Attorney’s Fees

Prevailing Party Not Entitled to Pre-Judgment Interest on Award of Attorney’s Fees

On January 22, 2023, Justice Crane of the New York County Commercial Division issued a decision in Entech Eng’g, P.C. v. Dewberry Engrs. Inc., 2023 NY Slip Op. 30221(U), holding that a prevailing party was entitled to an attorneys’ fees award, but was not entitled to prejudgment interest on the award . . . Continue reading Prevailing Party Not Entitled to Pre-Judgment Interest on Award of Attorney’s Fees

No Duty to Pay Attorneys’ Fees Because Agreement Not Unmistakably Clear in that Regard

No Duty to Pay Attorneys’ Fees Because Agreement Not Unmistakably Clear in that Regard

On January 26, 2023, the First Department issued a decision in Needham & Co., LLC v. UPHealth Holdings, Inc., 2023 NY Slip Op. 00376, holding that an agreement did not include the duty to indemnify the plaintiff’s attorneys’ fees because that duty was not set forth in unmistakably clear language . . . Continue reading No Duty to Pay Attorneys’ Fees Because Agreement Not Unmistakably Clear in that Regard

Delay Without Prejudice is Insufficient Basis for Denying a Motion to Amend

Delay Without Prejudice is Insufficient Basis for Denying a Motion to Amend

On January 5, 2023, Justice Reed of the New York County Commercial Division issued a decision in Magnetic Parts Trading Ltd. v. National Air Cargo Group, Inc., 2023 NY Slip Op. 30166(U), holding that delay without prejudice is an insufficient basis for denying a motion to amend . . . Continue reading Delay Without Prejudice is Insufficient Basis for Denying a Motion to Amend