On October 2, 2025, Justice Patel of the New York County Commercial Division issued a decision in Credit Suisse Intl. v. Broadcom Inc., 2025 NY Slip Op. 33772(U), holding that Continue reading Court Finds Indemnification Provision Provides for Only One-Way Fee Shifting
On October 4, 2025, Justice Masley of the New York County Commercial Division issued a decision in Comcast Cable Communications Mgt., LLC v. Entropic Communications, LLC, 2025 NY Slip Op. 33776(U), holding that a plaintiff could seek legal fees as damages because they arose in an earlier action . . . Continue reading Plaintiff May Seek Legal Fees as Damages When They Arise in an Earlier Litigation
On August 13, 2025, the Second Department issued a decision in Town of Oyster Bay v. Peter Scalamandre & Sons, Inc., 2025 NY Slip Op. 04679, holding that statutory contribution is unavailable for a contract claim . . . Continue reading Statutory Contribution Unavailable for Contract Claim
On July 1, 2025, the First Department issued a decision in Xinni Zhang v. Chu, 2025 NY Slip Op. 03988, holding that a losing party should have been given an opportunity to challenge that calculation of the fee award against it . . . Continue reading Losing Party Should Have Been Given Chance to Challenge Calculation of Fee Award Against it
On May 15, 2025, Justice Cohen of the New York County Commercial Division issued a decision in CLNC 2019-FL1 Funding, LLC v. Bennett, 2025 NY Slip Op. 31793(U), denying an attorneys’ fees request for failure adequately to describe and justify the work done . . . Continue reading Attorney Fee Application Denied For Insufficient Justification of Work Done
On May 2, 2025, Justice Patel of the New York County Commercial Division issued a decision in Gehl Foods, LLC v. Worldwide Sport Nutritional Supplements, Inc., 2025 NY Slip Op. 31602(U), holding that a party is a prevailing party for purposes of an attorneys’ fees award when it obtained the central relief it sought . . . Continue reading Party is Prevailing Party When it Obtains Central Relief Sought
On April 1, 2025, Justice Cohen of the New York County Commercial Division issued a decision in 242 Tenth Invs. LP v. GVC 242 Tenth Sponsor, LLC, 2025 NY Slip Op. 31118(U), holding that fees on fees are not awardable unless explicitly provided for . . . Continue reading Fees on Fees Not Available Unless Explicitly Provided For
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
