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, explaining:
The court also denies Dewberry’s request for prejudgment interest upon those fees. Interest may only be added to a contractual award of attorneys’ fees if explicitly provided for in thein the agreement. Here, there is no provision in the contract providing that prejudgment interest can be awarded on top of an award for attorney’s fees. The language of CPLR 5001 supports this conclusion. That language provides Interest shall be recovered upon a sum awarded because of a breach of performance of a contract. Here, there has been no chance for a breach of contract, as the court has only awarded fees today.
(Internal quotations and citations omitted).