Defendant Entitled to Fees Related to Proof of Damages Under CPLR 3220, But Only on Claim Resolved at Trial
Commercial Case Notes / Damages / Indemnification, Advancement and Attorneys' Fees

Defendant Entitled to Fees Related to Proof of Damages Under CPLR 3220, But Only on Claim Resolved at Trial

On October 19, 2022, Justice Cohen of the New York County Commercial Division issued a decision in First Equity Realty v. Harmony Group, II, 2022 NY Slip Op. 33601(U), awarding the defendant its fees related to the proof of damages that that did not exceed the amount of a CPLR 3220 offer, but only for the claim that was resolved at trial . . . Continue reading Defendant Entitled to Fees Related to Proof of Damages Under CPLR 3220, But Only on Claim Resolved at Trial

Court of Appeals Confirms High Standard for the Award of Fees Based on Indemnification Clause
Commercial Case Notes / Indemnification, Advancement and Attorneys' Fees

Court of Appeals Confirms High Standard for the Award of Fees Based on Indemnification Clause

On October 20, 2022, the Court of Appeals issued a decision in Sage Sys., Inc. v. Liss, 2022 NY Slip Op. 05918, denying an award of fees in a partnership dispute based on the high standard for finding that a contractual indemnification provision allows the prevailing party to recover fees in a suit between the parties . . . Continue reading Court of Appeals Confirms High Standard for the Award of Fees Based on Indemnification Clause

Agreement to Pay Legal Fees and Costs not an Agreement to Advance Costs
Commercial Case Notes / Indemnification, Advancement and Attorneys' Fees

Agreement to Pay Legal Fees and Costs not an Agreement to Advance Costs

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

Court Awards Attorneys’ Fees for One Claim Based on a Percentage of Time Spent on all Claims
Commercial Case Notes / Damages / Indemnification, Advancement and Attorneys' Fees

Court Awards Attorneys’ Fees for One Claim Based on a Percentage of Time Spent on all Claims

On July 18, 2022, Justice Cohen of the New York County Commercial Division issued a decision in Kolchins v Evolution Mkts. Inc., 2022 NY Slip Op. 32379(U), awarding attorneys’ fees for one claim based on a percentage of the time spent on all claims despite the absence of a lodestar calculation based on the actual number of hours worked on that one claim . . . Continue reading Court Awards Attorneys’ Fees for One Claim Based on a Percentage of Time Spent on all Claims

Despite Prevailing on Some Issues, Plaintiffs Were Not Prevailing Party for Purposes of Award of Fees
Commercial Case Notes / Indemnification, Advancement and Attorneys' Fees

Despite Prevailing on Some Issues, Plaintiffs Were Not Prevailing Party for Purposes of Award of Fees

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