On October 26, 2023, Justice Crane of the New York County Commercial Division issued a decision in Newark Rehabilitation Ctr., PA v. Simela, 2023 NY Slip Op. 33838(U), rejecting a claim for fees on fees, explaining:
Preliminarily, plaintiffs are not entitled to recover $14,188.20 for making this fee application. Awarding plaintiffs this sum would amount to an impermissible award of fees on fees. It has been established that an award of fees on fees must be based on a statute or on an agreement. Absent any statute or agreement allowing fees on fees, the request must be denied.
Here, no such statute or agreement permits recovering these fees on fees.
(Internal quotations and citations omitted).