“Broadly Worded” Indemnification Insufficient to Overcome Hooper’s Strong Presumption Against Inter-Party Indemnification
Commercial Case Notes / Indemnification, Advancement and Attorneys' Fees

“Broadly Worded” Indemnification Insufficient to Overcome Hooper’s Strong Presumption Against Inter-Party Indemnification

On August 1, 2024, the First Department issued a decision in Shah v. 20 E. 64th St. LLC, 2024 NY Slip Op. 04116, holding that even a broadly worded indemnification provision was insufficient to overcome Hooper’s strong presumption against inter-party indemnification . . . Continue reading “Broadly Worded” Indemnification Insufficient to Overcome Hooper’s Strong Presumption Against Inter-Party Indemnification

No Contribution Claim Without Duty to Either Plaintiff or Co-Defendant
Commercial Case Notes / Indemnification, Advancement and Attorneys' Fees

No Contribution Claim Without Duty to Either Plaintiff or Co-Defendant

On March 27, 2024, the Second Department issued a decision in Michael Anthony Contr. Corp. v. Queens N.Y. Realty, LLC, 2024 NY Slip Op. 01704, holding that there can be no contribution claim without a duty owed to the plaintiff or the defendant seeking contribution . . . Continue reading No Contribution Claim Without Duty to Either Plaintiff or Co-Defendant

Court Awards Fees Based on Proportional Division of Total Fees between Compensable and Non-Compensable Claims
Commercial Case Notes / Indemnification, Advancement and Attorneys' Fees

Court Awards Fees Based on Proportional Division of Total Fees between Compensable and Non-Compensable Claims

On March 6, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Greenman v. Miller, 2024 NY Slip Op. 30709(U), awarding fees based on a proportional division of the total fees between compensable and non-compensable claims . . . Continue reading Court Awards Fees Based on Proportional Division of Total Fees between Compensable and Non-Compensable Claims

When Outcome Mixed, Neither Party Entitled to Fees as Prevailing Party
Commercial Case Notes / Indemnification, Advancement and Attorneys' Fees

When Outcome Mixed, Neither Party Entitled to Fees as Prevailing Party

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

Third-Party Claims Dismissed Because Not Based on Indemnification or Contribution
Commercial Case Notes / Indemnification, Advancement and Attorneys' Fees

Third-Party Claims Dismissed Because Not Based on Indemnification or Contribution

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

Court Denies Request for an Award of Attorneys’ Fees Based on the Work Done to Submit a Fee Application
Commercial Case Notes / Indemnification, Advancement and Attorneys' Fees

Court Denies Request for an Award of Attorneys’ Fees Based on the Work Done to Submit a Fee Application

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