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
On July 13, 2023, Justice Reed of the New York County Commercial Division issued a decision in Arbor-Myrtle Beach PE LLC v. Frydman, 2023 NY Slip Op. 50712(U), rejecting a request for a reduction of a fee award because of block billing . . . Continue reading Court Rejects Reduction of Fees Because of Block Billing
On July 13, 2023, Justice Reed of the New York County Commercial Division issued a decision in Mehra v. Morrison Cohen LLP, 2023 NY Slip Op. 50714(U), holding that a defendant was entitled to unredacted invoices supporting a claim for damages based on attorneys’ fees . . . Continue reading Defendant Entitled to Unredacted Invoices Supporting Claim for Damages Based on Attorneys’ 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
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
