Abacus, a Division of Doubleclick, Inc. v. Datagence, Inc.

*553Order and judgment (one paper), Supreme Court, New York County (Debra A. James, J.), entered June 12, 2008, which, following a nonjury trial, awarded plaintiff damages as against defendant Datagence, Inc. on its cause of action for breach of contract, directed a reference to determine the reasonable amount of plaintiffs attorneys’ fees and dismissed Datagence’s counterclaim for fraud, unanimously modified, on the law, to deny plaintiffs request for attorneys’ fees, and otherwise affirmed, without costs.

The trial court erred in granting plaintiffs request for attorneys’ fees. The agreement…