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, explaining:
Defendants submitted opposition on July 15, 2022 and argue that Kolchins is not entitled to any award of attorneys’ fees for failure to provide appropriate documentation including a retainer or invoices, and, in the alternative, that the attorneys’ fees he seeks should be reduced. Defendants argue that, at most, Kolchins is entitled to $180,148.01 in attorneys’ fees and $10,548.92 in costs . . . .
The Court is mindful that it is being asked to calculate a reasonable fee owed absent submission of certain appropriate documentation such as a retainer agreement and time records. Kolchins does not provide any authority to support the contention that the Court should apply a discount factor rather than the lodestar amount typically utilized in Labor Law cases.
EvoMarkets contends that Kolchins’ failure to submit a retainer and time sheets is fatal by citing a number of federal cases. However, New York law is not as harsh as federal law in this regard. Kolchins submissions indicate that approximately 2,600 hours were spent on his case but lack specificity regarding his Labor Law claim. That said, the record in this case makes clear that Kolchins counsel devoted compensable time to the Labor Law claim distinct from the contract claim. The Court directed that Kolchins recover attorneys’ fees related to his successful Labor Law claim only and any resulting judgment must conform to that directive.
Thus, on this record, the Court grants Kolchins the sum of $180,148.01 in attorneys’ fees and $10,548.92 in costs along with any other costs as may be taxed by the Clerk of Court. The Court will enter final judgment based on the form of proposed counter-judgment submitted by Defendants.
(Internal quotations and citations omitted).