Category: Indemnification, Advancement and Attorneys’ Fees

On September 15, 2022, Justice Chan of the New York County Commercial Division issued a decision in Ja Kao v. Onyx Renewable Partners L.P., 2022 NY Slip Op. 33117(U), holding that an agreement to pay a party’s legal fees and costs was not an agreement to advance those fees and costs because there was no language showing an intention to advance rather than just indemnify . . . Continue reading Agreement to Pay Legal Fees and Costs not an Agreement to Advance Costs

On August 26, 2022, Justice Crane of the New York County Commercial Division issued a decision in Seibel v. Ramsay, 2022 NY Slip Op. 32904(U), cutting an attorneys’ fee award because counsel used block billing . . . Continue reading Court Cuts Fee Award Because Counsel Used Block Billing

On May 16, 2022, Justice Cohen of the New York County issued a decision in George S. Kaufman Charitable Found. v. Kearns, 2022 NY Slip Op. 31595(U), holding that GOL 15-108 barred a contribution claim against a settling tortfeasor . . . Continue reading GOL 15-108 Bars Contribution Claim Against Settling Tortfeasor

On May 24, 2022, the First Department issued a decision in Americon Constr., Inc. v. Cirocco & Ozzimo, Inc., 2022 NY Slip Op 03342, dismissing indemnification and contribution claims as premature . . . Continue reading Indemnification and Contribution Claims Dismissed as Premature

On August 25, 2021, the Second Department issued a decision in Kefalas v. Valiotis, 2021 NY Slip Op. 04750, holding that plaintiffs were not prevailing parties for purposes of an award of fees notwithstanding that they prevailed on some issues . . . Continue reading Despite Prevailing on Some Issues, Plaintiffs Were Not Prevailing Party for Purposes of Award of Fees