Legal Opinion

Brill Physical Therapy, P.C. v. Leaf

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

Decided March 1, 2011PublishedCited by 1 opinion

1Opinion of the Court

*414We find that the court did not abuse its discretion in ordering payment of the subject attorney’s fees. Contrary to defendants’ contentions, the fees were not awarded in contravention of the “American Rule,” which precludes a prevailing party from recouping legal fees from the losing party except where authorized by statute, agreement or court rule (see Gotham Partners, L.P. v High Riv. Ltd. Partnership, 76 AD3d 203 [2010]). Rather, such fees related solely to administrative costs incurred in connection with an urgent, court-ordered mass mailing, which was necessary to alert over 1,000…

2Cases cited3 opinions

  1. Solow v. WellnerNew York Court of Appeals · 1995
  2. Solow v. WellnerAppellate Division of the Supreme Court of the State of New York · 1994
  3. 2001 Real Estate Space Catalyst, Inc. v. Campeau Corp. (U.S.), Inc.Appellate Division of the Supreme Court of the State of New York · 1989

3Cited by1 opinion

  1. Guthorn v. Village of Saranac LakeAppellate Division of the Supreme Court of the State of New York · 2019

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