causes of action where attorney fees are recoverable by statute, new yorlk

(For example, in New York private litigants in civil actions against the State may recover attorneys’ fees under certain standards; a successful tenant in a landlord/tenant case may recover attorneys’ fees if the lease would otherwise permit the landlord to recover its fees if successful; and a person who brings a proceeding to have a guardian appointed for a mentally incompetent person may recover his/her attorneys’ fees from the assets of the person declared incompetent.)

Full Answer

Why are attorney fees recoverable in New York State?

Some New York statutes permit an award of attorney fees to economically disadvantaged litigants seeking to obtain redress from the wrongful actions of others. For example, courts have required losing parties to pay for successful parties’ counsel fees where the litigation created a benefit to others.9

Who pays Attorney’s fees in a New York personal injury case?

Mar 24, 2011 · N.Y. C.P.L.R. 8303-a: Section 8303-a of the New York Civil Practice Law and Rules empowers a court to award costs and reasonable attorneys’ fees not exceeding $10,000 against any litigant found to have interposed a frivolous claim or defense either (1) in a lawsuit to recover damages for personal injury, property damage, or wrongful death or (2) in a lawsuit …

Do New York State Courts award attorney fees?

Mar 29, 2020 · By Adam Lindenbaum and Peter B. Kane, Rosenberg & Estis, P.C. On June 14, 2019, the New York State Legislature enacted the Housing Stability and Tenant Protection Act of 2019 (“HSTPA”). The ...

Are attorney fees awarded to the prevailing party in New York?

Feb 12, 2015 · Courts in New York State have interpreted attorney’s fees clauses in leases to be reciprocal. This means that a tenant who prevails in an action against their landlord may be awarded their attorney’s fees, even if the lease only allows recovery of …

What is the most important action a person or business can take?

Perhaps the most important action any person or business can take is, in the case of virtually any kind of contract or business arrangement, to include in the contract document a provision permitting that person or business to recover its attorneys’ fees from the other party if successful in any litigation under the contract.

Is there a rule in New York on attorney fees?

While that result has been enforced in England (“the English Rule”) for centuries, it has never been a universal rule in courts in the United States and, particularly, not in New York .

Should a client consult an attorney before defending a lawsuit?

At a minimum, before commencing or beginning to defend any litigation, any client should consult his/her/its attorney for an estimate of the potential attorneys’ fees that the client might incur and whether there is a contractual or legal basis to recover those fees if successful and weigh those facts against the amount in dispute and the likelihood of success before proceeding with the litigation.

Can you recover attorney's fees in New York?

Indeed, the New York Courts have repeatedly stated as our State rule as to recovery of attorneys’ fees: “Under the general rule, attorney’s fees are incidents of litigation and a prevailing party may not collect them from the loser unless an award is authorized by agreement between the parties, statute or court rule.”.

Who is responsible for paying attorney fees in New York?

A corporate or individual litigant is usually responsible for the payment of its own attorneys’ fees and costs in a lawsuit in the New York state courts.

What is an example of a contractual provision affording the right to recover attorneys' fees?

An example of a contractual provision affording the right to recover attorneys’ fees is a prevailing party or fee-shifting clause. Such a provision states that if a party to the contract successfully prosecutes, or successfully defends against, a lawsuit arising under the contract, that party is to be reimbursed by the losing party for its ...

Who must bear their own attorney fees?

If neither an agreement between the litigants nor an applicable statute or court rule creates an exception to the pay-your-own-way “American Rule,” then a corporate or individual litigant must bear its own counsel fees ...

What is the state false claims act?

The State False Claims Act authorizes any entity or individual to bring a civil action, on behalf of New York State or a local government, for a violation of section 189 of the State False Claims Act. In such a civil action under the State False Claims Act, a prevailing plaintiff is entitled to recover the attorneys’ fees ...

What is the American rule for attorney fees?

Under the American Rule, “attorneys’ fees and disbursements are incidents of litigation and the prevailing party may not collect them from the loser unless an award is authorized by agreement between the parties or by statute or court rule.”.

Can you recover attorney fees from an adversary?

Krodel itself explores a corner of the “American Rule” that holds that one cannot recover attorney fees from an adversary in litigation absent an authorizing statute, rule, or contract, and finds that under certain circumstances, contract provisions authorizing the fees are unconscionable.

What causes of action can be pled in conjunction with a breach of fiduciary duty?

Attorneys should consider the following claims when filing a breach of fiduciary duty cause of action and determine which, if any, also apply to their clients: 1. Constructive Fraud.

What happens when a court finds a breach of fiduciary duty?

Whenever a court finds a breach of fiduciary duty occurred, the court may also find there was a breach of the implied covenant of good faith and fair dealing. [19] The relationship between these two causes of action is similar to a lesser included offense in criminal law. Thus, it is important to also plead this a breach of the implied covenant of good faith and fair dealing whenever a suit for breach of fiduciary duty is filed.

What is a breach of fiduciary duty?

Negligent misrepresentation occurs when: (i) a party justifiable relies; (ii) to his detriment; (iii) on information prepared without reasonable care; (iv ) by one who owed the relying party a duty of care. [7] The first element, “justifiable reliance,” means the plaintiff actually relied on false information and it was reasonable for him to rely upon such information. [8]

What are the requirements for a professional malpractice claim?

[14] Professional malpractice claims have four basic requirements: (i) the plaintiff was owed a duty for the professional to act with the reasonable standard of care for that profession; (ii) the professional breached that duty by failing to act as he/she should or committed an act in violation of that duty; (iii) this breach harmed the plaintiff and caused injury; and (iv) the injury sustained is compensable. [15]

What is conversion in a civil case?

Conversion essentially means “stealing.” To succeed on a conversion claim, the plaintiff must show: (i) the unauthorized assumption and exercise of the right of ownership; (ii) over goods or personal chattels belonging to another; (iii) to the alteration of their condition (i.e., destruction) or the exclusion of the owner’s rights. [12] Conversion resulting from a breach of fiduciary duty typically involves a trustee or personal representative who takes property that rightfully belongs to the beneficiaries or heirs. In some cases, the trustee or personal representative has the right to take possession or control of property. However, if the beneficiaries or heirs demand the trustee or personal representative return property controlled by unauthorized dominion, then the beneficiaries or heirs may succeed on a conversion cause of action.

Why are declaratory judgments brought?

Declaratory judgment actions may be brought anticipatorily to protect fiduciaries from future claims because they clarify the rights and obligations of the parties to the agreement. Declaratory judgments can:

How does constructive fraud differ from actual fraud?

Constructive fraud differs from actual fraud because the elements of constructive fraud do require intent, or actual knowledge of the lie or omission. For a more in-depth discussion of this issue, please read our previous blog post regarding the differences between a Breach of Fiduciary Duty and Constructive Fraud. 2.

The General Rule in New York on Recovery of Attorneys’ Fees

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Exceptions Which Allow The Recovery of Attorneys’ Fees

An Important Step to Consider to Permit The Recovery of Attorneys’ Fees