Attorneys' Fees - Issue 1

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Are fees in excess of the amount involved in litigation recoverable in NY?

Statutes

Under the UCC as adopted by the state, in regards to uniform voidable transactions, reasonable attorney's fees may be awarded to a lessee if the court find unconscionability. NY Debtor and Creditor ยง276-A

Cases

"New York courts have held that attorneys' fees may be properly awarded to include fees incurred in defending a counterclaim where the defense of the counterclaim and the prosecution of plaintiff's claim were ""inextricably intertwined"". Binghamton Precast & Supply v. A Servidone, Inc., 257 AD.2d 731, 682 N.Y.S.2d 719 (3d Dep't 1999). Cf. D'Angelo v. 1432 86th St. Realty Corp., 2008 NY Slip Op. 328670, 2008 NY Misc. LEXIS 10461 (N.Y. Sup. Ct., Kings Cty.)(holding that foreclosure action and counterclaim for an offset were not so inextricably intertwined as to warrant the recovery of attorneys' fees for all claims)."

Comments

Contributors

Julia Gavrilov
Moritt Hock & Hamroff LLP

The statutory information was edited and reviewed with the support of MultiState

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