Fee Award Cut in Half Because of Inefficiencies, Overlitigation, Excessiveness, Duplicative Work and Block Billing
Commercial Case Notes / Indemnification, Advancement and Attorneys' Fees

Fee Award Cut in Half Because of Inefficiencies, Overlitigation, Excessiveness, Duplicative Work and Block Billing

On October 3, 2023, Justice Crane of the New York County Commercial Division issued a decision in Fuks v. Rakia Assoc., 2023 NY Slip Op. 33400(U), cutting a fee award in half because of inefficiencies, overlitigation, excessiveness, duplicative efforts and work, and excessive block-billing . . . Continue reading Fee Award Cut in Half Because of Inefficiencies, Overlitigation, Excessiveness, Duplicative Work and Block Billing

Defendant Entitled to Unredacted Invoices Supporting Claim for Damages Based on Attorneys’ Fees
Commercial Case Notes / Discovery/Disclosure / Indemnification, Advancement and Attorneys' Fees / Privilege/Work Product

Defendant Entitled to Unredacted Invoices Supporting Claim for Damages Based on Attorneys’ Fees

On July 13, 2023, Justice Reed of the New York County Commercial Division issued a decision in Mehra v. Morrison Cohen LLP, 2023 NY Slip Op. 50714(U), holding that a defendant was entitled to unredacted invoices supporting a claim for damages based on attorneys’ fees . . . Continue reading Defendant Entitled to Unredacted Invoices Supporting Claim for Damages Based on Attorneys’ Fees

Prevailing Party Not Entitled to Pre-Judgment Interest on Award of Attorney’s Fees
Commercial Case Notes / Indemnification, Advancement and Attorneys' Fees

Prevailing Party Not Entitled to Pre-Judgment Interest on Award of Attorney’s Fees

On January 22, 2023, Justice Crane of the New York County Commercial Division issued a decision in Entech Eng’g, P.C. v. Dewberry Engrs. Inc., 2023 NY Slip Op. 30221(U), holding that a prevailing party was entitled to an attorneys’ fees award, but was not entitled to prejudgment interest on the award . . . Continue reading Prevailing Party Not Entitled to Pre-Judgment Interest on Award of Attorney’s Fees

No Duty to Pay Attorneys’ Fees Because Agreement Not Unmistakably Clear in that Regard
Commercial Case Notes / Indemnification, Advancement and Attorneys' Fees

No Duty to Pay Attorneys’ Fees Because Agreement Not Unmistakably Clear in that Regard

On January 26, 2023, the First Department issued a decision in Needham & Co., LLC v. UPHealth Holdings, Inc., 2023 NY Slip Op. 00376, holding that an agreement did not include the duty to indemnify the plaintiff’s attorneys’ fees because that duty was not set forth in unmistakably clear language . . . Continue reading No Duty to Pay Attorneys’ Fees Because Agreement Not Unmistakably Clear in that Regard

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