Rinaudo v. City of Rochester

Judgment unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: In this action seeking damages for illegal entry and conversion of personal property, the court erred insofar as it awarded plaintiff attorneys’ fees. "Under the general rule, attorneys’ fees and disbursements are incidents of litigation and the prevailing party may not collect them from the loser unless an award is authorized by agreement between the parties or by statute or court rule” (Matter of A. G. Ship Maintenance Corp. v Lezak, 69 NY2d 1, 5; Matter of Birnbaum…