Legal Opinion
Edelman v. Goodman
New York Supreme Court
Decided March 9, 1965PublishedCited by 2 opinions
1Opinion of the CourtM. Henry Martuscello, J.
In this article 78 proceeding, petitioner, a director and vice-president of respondent corporation, moves for an order directing said respondent to pay peti*9tioner’s attorneys a reasonable amount to be fixed by the court for their successful effort in obtaining a court order directing the respondent to submit its books for inspection by the petitioner.
It is the general rule that in the absence of contractual or statutory liability therefor, attorneys’ fees and expenses incurred in litigating a claim, aside from usual costs, are not recoverable as an item of damage either in that suit or in a…
2Cases cited9 opinions
- Downing v. . MarshallNew York Court of Appeals · 1867
- Miss Susan, Inc. v. Enterprise & Century Undergarment Co.Appellate Division of the Supreme Court of the State of New York · 1946
- Miss Susan, Inc. v. Enterprise & Century Undergarment Co.New York Court of Appeals · 1947
- Neuberger v. BarrettNew York Supreme Court · 1942
- In re the Accounting of MassNew York Surrogate's Court · 1951
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3Cited by2 opinions
- City Partnership Co. v. IR-TCI Partners V, L.P.District Court, D. Colorado · 2003
- Wells v. League of American Theatres & Producers, Inc.New York Supreme Court · 2000