Category: Indemnification, Advancement and Attorneys’ Fees

On March 12, 2025, the Second Department issued a decision in Billings v. Billings Props., Inc., 2025 NY Slip Op. 01339, holding that a corporate officer should not have been allowed to use corporate funds to pay for the defense of claims against her personally without obtaining an undertaking to repay those funds . . . Continue reading Corporate Officer Should Not Have Been Allowed to Use Corporate Funds for Personal Defense Costs Without Obtaining an Undertaking

On September 5, 2024, Justice Crane of the New York County Commercial Division issued a decision in EXRP 14 Holdings LLC v. LS-14 Ave LLC, 2024 NY Slip Op. 33155(U), reducing a fee award because of counsel’s use of block billing . . . Continue reading Court Reduces Fee Award Because of Block Billing

On August 21, 2024, Justice Reed of the New York County Commercial Division issued a decision in Core Group Mktg. LLC v. MIP One Wall St. Acquisition LLC, 2024 NY Slip Op. 51093(U), holding that a prevailing party is entitled to interest on attorneys’ fees from the date on which the party was determined to be the prevailing party . . . Continue reading Prevailing Party Entitled to Interest on Attorneys’ Fees From Date of Success

On August 1, 2024, the First Department issued a decision in Shah v. 20 E. 64th St. LLC, 2024 NY Slip Op. 04116, holding that even a broadly worded indemnification provision was insufficient to overcome Hooper’s strong presumption against inter-party indemnification . . . Continue reading “Broadly Worded” Indemnification Insufficient to Overcome Hooper’s Strong Presumption Against Inter-Party Indemnification

On June 18, 2024, the First Department issued a decision in Fuks v. Rakia Assocs., 2024 NY Slip Op. 03327, decreasing an attorneys’ fees award because of, among other things, the use of block billing . . . Continue reading Attorneys’ Fees Award Cut Due to Block Billing

On March 27, 2024, the Second Department issued a decision in Michael Anthony Contr. Corp. v. Queens N.Y. Realty, LLC, 2024 NY Slip Op. 01704, holding that there can be no contribution claim without a duty owed to the plaintiff or the defendant seeking contribution . . . Continue reading No Contribution Claim Without Duty to Either Plaintiff or Co-Defendant

On March 6, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Greenman v. Miller, 2024 NY Slip Op. 30709(U), awarding fees based on a proportional division of the total fees between compensable and non-compensable claims . . . Continue reading Court Awards Fees Based on Proportional Division of Total Fees between Compensable and Non-Compensable Claims

On January 29, 2024, Justice Masley of the New York County Commercial Division issued a decision in One PPW Owner, LLC v. IBI Group, 2024 NY Slip Op. 30330(U), dismissing a contribution claim because the underlying claim sought economic damages . . . Continue reading Contribution Claim Dismissed Because Underlying Claim Sought Economic Damages

On November 9, 2023, Justice Crane of the New York County Commercial Division issued a decision in Kubera N. Am., Inc. v. Inhibikase Therapeutics, Inc., 2023 NY Slip Op. 34026(U), holding that when an action had a mixed outcome, neither party was entitled to fees as a prevailing party . . . Continue reading When Outcome Mixed, Neither Party Entitled to Fees as Prevailing Party