Legal Question in Appeals and Writs in New York

Legal Fees

I was the respondant to an Appeal and won. The decision affirmed the prior decision with costs awarded to me. Those costs came to $510.

My legal fees were $15,000! Is there any way to recoup the legal fees for having to answer an appeal? I am thinking - suing in civil court?? Thanks for the advice.


Asked on 8/10/06, 2:00 pm

3 Answers from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Legal Fees

With very limited exceptions, unless a State or Federal Statute provides that fees are to be awarded to the successful party, or the parties to a contract agree, the answewr is no.

If the situation is ambiiguous, it generally will cost more to litigate the question

than the recovery anyway. Costs are taxed upon the entry of judgment.

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Answered on 8/10/06, 2:15 pm
David Simon Hogan & Rossi

Re: Legal Fees

No.

Not in NY State, and not likely in this country. The American rule is each side is responsible for its own legal fees. Not unless you were entitled to attorney's fees by law or contract in the case below, in which case you might be able to make an application for an attorneys' fees hearing to update any award previously granted.

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Answered on 8/10/06, 3:08 pm
Alani Golanski Alani Golanski, Esq.

Re: Legal Fees

Legal fees are not ordinarily awarded in New York practice, unless a statutory or contractual provision states otherwise. The costs you were awarded derive from a list of permissible costs set forth in New York's civil procedure statutes.

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Answered on 8/11/06, 6:43 am


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