Legal Opinion

Pickett v. 992 Gates Avenue Corp.

Appellate Division of the Supreme Court of the State of New York

Decided February 13, 2014Published

1Opinion of the Court

In an action to foreclose a mortgage, the plaintiffs appeal from an amended judgment of the Supreme Court, Rings County (Silber, J.), entered April 10, 2012, which, upon remittitur from this Court by decision and order dated January 11, 2011 (see *741Pickett v Gibbs, 80 AD3d 592 [2011]), awarded them attorneys’ fees in the sum of only $17,839.71.

Ordered that the amended judgment is affirmed, with costs.

“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,…

2Cases cited7 opinions

Hooper Associates Ltd. v. AGS Computers, Inc.New York Court of Appeals · 1989
Baker v. Health Management Systems, Inc.New York Court of Appeals · 2002
Flemming v. Barnwell Nursing Home & Health Facilities, Inc.New York Court of Appeals · 2010
Horwitz v. 1025 Fifth Avenue, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
Preferred Group of Manhattan, Inc. v. Fabius Maximus, Inc.Appellate Division of the Supreme Court of the State of New York · 2008

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