Mercado v. COES FX, Inc.

OPINION OF THE COURT

Leonard B. Austin, J.

Plaintiff Emilio Mercado moves for fees and expenses related to his defense of the counterclaims interposed by defendant, COES FX, Inc., against him.

*767Background

In September 2005, Mercado commenced this action against COES, alleging that COES owed him money for work performed as an officer of the corporation. COES’ amended answer included various counterclaims. Shortly thereafter, Mercado filed a motion for the allowance and payment of litigation fees and expenses he advanced in connection with his defense of COES’ counterclaims. Mercado and COES later…