Defendant Entitled to Fees Related to Proof of Damages Under CPLR 3220, But Only on Claim Resolved at Trial
Commercial Case Notes / Damages / Indemnification, Advancement and Attorneys' Fees

Defendant Entitled to Fees Related to Proof of Damages Under CPLR 3220, But Only on Claim Resolved at Trial

On October 19, 2022, Justice Cohen of the New York County Commercial Division issued a decision in First Equity Realty v. Harmony Group, II, 2022 NY Slip Op. 33601(U), awarding the defendant its fees related to the proof of damages that that did not exceed the amount of a CPLR 3220 offer, but only for the claim that was resolved at trial . . . Continue reading Defendant Entitled to Fees Related to Proof of Damages Under CPLR 3220, But Only on Claim Resolved at Trial

Court Declines to Base Attorneys’ Fee Award on Plaintiff’s Contingent Fee Arrangement
Commercial Case Notes / Damages

Court Declines to Base Attorneys’ Fee Award on Plaintiff’s Contingent Fee Arrangement

On August 29, 2022, Justice Odorisi of the Seventh Judicial District Commercial Division issued a decision in Spin Capital v. Texas Med. Ctr. Supply, LLC, 2022 NY Slip Op. 32914(U), declining to award without further justification a victorious plaintiff attorneys’ fees when those fees were based on a contingency fee arrangement . . . Continue reading Court Declines to Base Attorneys’ Fee Award on Plaintiff’s Contingent Fee Arrangement

Court Awards Attorneys’ Fees for One Claim Based on a Percentage of Time Spent on all Claims
Commercial Case Notes / Damages / Indemnification, Advancement and Attorneys' Fees

Court Awards Attorneys’ Fees for One Claim Based on a Percentage of Time Spent on all Claims

On July 18, 2022, Justice Cohen of the New York County Commercial Division issued a decision in Kolchins v Evolution Mkts. Inc., 2022 NY Slip Op. 32379(U), awarding attorneys’ fees for one claim based on a percentage of the time spent on all claims despite the absence of a lodestar calculation based on the actual number of hours worked on that one claim . . . Continue reading Court Awards Attorneys’ Fees for One Claim Based on a Percentage of Time Spent on all Claims

Statutory Post-Award Pre-Judgment Interest Available on an Arbitral Award Only From Payment Date Specified in the Award
Arbitration, Mediation and Other ADR / Commercial Case Notes / Damages

Statutory Post-Award Pre-Judgment Interest Available on an Arbitral Award Only From Payment Date Specified in the Award

On July 6, 2022, Justice Cohen of the New York County Commercial Division issued a decision in Go v. Marto Capital LLC, 2022 NY Slip Op. 32127(U), holding that statutory post-award pre-judgment interest on an arbitral award is available only from the date for payment listed in the award . . . Continue reading Statutory Post-Award Pre-Judgment Interest Available on an Arbitral Award Only From Payment Date Specified in the Award