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 January 12, 2024, Justice Chan of the New York County Commercial Division issued a decision in Power A.C. Corp. v. Batirest 229 LLC, 2024 NY Slip Op. 30188(U), holding that contribution is unavailable on a contract claim . . . Continue reading Contribution Unavailable on Contract Claim
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
On October 26, 2023, Justice Crane of the New York County Commercial Division issued a decision in Newark Rehabilitation Ctr., PA v. Simela, 2023 NY Slip Op. 33838(U), rejecting a claim for fees on fees . . . Continue reading Court Rejects Claim for Fees on Fees
On October 23, 2023, Justice Gomez of the Bronx County Commercial Division issued a decision in Green Castle A. Mgmt Corp. v. B&V Dev., LLC, 2023 NY Slip Op. 51126(U), holding that third-party claims should be dismissed because they were not based on indemnification or contribution . . . Continue reading Third-Party Claims Dismissed Because Not Based on Indemnification or Contribution
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 . . . Continue reading Court Denies Request for an Award of Attorneys’ Fees Based on the Work Done to Submit a Fee Application
On October 3, 2023, Justice Crane of the New York County Commercial Division issued a decision in Fuks v. Rakia Assoc., 2023 NY Slip Op. 33400(U), cutting a fee award in half because of inefficiencies, overlitigation, excessiveness, duplicative efforts and work, and excessive block-billing . . . Continue reading Fee Award Cut in Half Because of Inefficiencies, Overlitigation, Excessiveness, Duplicative Work and Block Billing
On August 25, 2023, Justice Chan of the New York County Commercial Division issued a decision in DBI Lease Buyback Servicing LLC v. Mullen Auto., Inc., 2023 NY Slip Op. 32995(U), rejecting a request for advancement of fees . . . Continue reading Court Rejects Motion for Advancement of Fees
