Legal Opinion
Ital Associates v. Axon
Appellate Division of the Supreme Court of the State of New York
Decided May 11, 2017No. 3976N 153449/14PublishedCited by 2 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Ellen M. Coin, J.), entered May 9, 2016, which denied plaintiffs’ motion for an order awarding legal fees to their counsel from defendants-respondents Sommella and Karol, unanimously affirmed, without costs.
The court properly denied plaintiffs’ fee application as procedurally defective. While plaintiff limited partners are entitled to bring under the “common fund doctrine” an application on behalf of their counsel Samuel Goldman & Associates (SGA) for the equitable recovery of attorneys’ fees from defendants-respondents, who did not sign the written…
2Cases cited4 opinions
- Boeing Co. v. Van GemertSupreme Court of the United States · 1980
- Flemming v. Barnwell Nursing Home & Health Facilities, Inc.New York Court of Appeals · 2010
- Shlomchik v. Richmond 103 Equities Co.District Court, S.D. New York · 1991
- Kantrowitz, Goldhamer & Graifman, P.C. v. New York State Electric & Gas Corp.Appellate Division of the Supreme Court of the State of New York · 2006
3Cited by2 opinions
- Saska v. Metropolitan Museum of ArtNew York Supreme Court · 2017
- Ital Assoc. v. AxonAppellate Division of the Supreme Court of the State of New York · 2018