On September 22, 2026, the First Department issued a decision in Aurelius Capital Master Ltd. v. Hertz Intl. Ltd., 2026 NY Slip Op. 05369, holding that an agreement’s indemnification provision failed to meet Hooper’s high hurdle for inter-party indemnification . . . Continue reading Agreement’s Indemnification Provision Fails to Meet Hooper’s High Hurdle for Inter-Party Indemnification
On June 5, 2026, the Fourth Department issued a decision in Broadway Warehouse Co. v. Buffalo Barn Bd., LLC, 2026 NY Slip Op. 03528, holding that a prevailing party was not entitled to fees on fees . . . Continue reading Prevailing Party Not Entitled to Fees on Fees
On June 2, 2026, the First Department issued a decision in Board of Mgrs. of the 432 Park Condominium v. 56th & Park (NY) Owner, LLC, 2026 NY Slip Op. 03381, holding that an agreement did not require indemnification in intraparty disputes because the right to such indemnification was not unmistakably clear . . . Continue reading No Intraparty Indemnification Because Agreement Did Not Unmistakably Require It
On May 5, 2026, Justice Doyle of the Seventh Judicial District Commercial Division issued a decision in Samson MCA LLC v. DI Constr. LLC, 2026 NY Slip Op. 50732(U), refusing to enforce an attorneys’ fees provision of a stipulation of settlement . . . Continue reading Court Refuses to Enforce Attorneys’ Fees Portion of Stipulation of Settlement
On March 9, 2026, Justice Patel of the New York County Commercial Division issued a decision in Starwood Prop. Mtge. Sub-2, L.L.C. v. Stalcup, 2026 NY Slip Op. 30869(U), reducing a fee award because of the failure to show that qualifications of non-attorney personnel . . . Continue reading Court Reduces Fee Award Because of Failure to Show Qualifications of Non-Attorney Staff
On December 29, 2025, Justice Doyle of the Monroe County Commercial Division issued a decision in Samson MCA LLC v. Salco Landscape Servs. Inc., 2025 NY Slip Op. 35234(U), holding that an attorney fees award must be based on the work done, not a percentage of the amount at issue . . . Continue reading Fee Award Must be Based on Work Done, Not Percentage of Amount At Issue
On December 23, 2025, Justice Crane of the New York County Commercial Division issued a decision in Quartix Fin. Inc. v. KSH Brands LLC, 2025 NY Slip Op. 35193(U), reducing an attorneys’ fees award by ten percent because of block billing . . . Continue reading Court Reduces Attorney’s Fees Award Because of Block Billing
On January 21, 2026, the Second Department issued a decision in 450 Gin Lane SH, LLC v. Gentry Constr. Co., Inc., 2026 NY Slip Op. 00228, holding that a claim for contribution cannot be based only on the breach of a contractual duty . . . Continue reading Contribution Claim Based on Breach Only of Contractual Duty Fails
On December 28, 2025, Justice Crane of the New York County Commercial Division issued a decision in Deutsche Bank AG, N.Y. Branch v. Rosenfeld, 2025 NY Slip Op. 35067(U), reducing an attorney fee award 40% because of block billing and incomplete documentation of attorney qualifications . . . Continue reading Attorney Fee Award Reduced 40% Because of Block Billing and Incomplete Documentation of Attorney Qualifications
On December 12, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Vigeland v. Sand Assoc., L.P., 2025 NY Slip Op. 34822(U), refusing to award fees incurred in making a fee application . . . Continue reading Court Refuses to Grant Fees Incurred in Making a Fee Application
