Norry v. Ronnen

Appellate Division of the Supreme Court of New York

Norry v. Ronnen

154 A.D.2d 915

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

DecidedOctober 6, 1989

StatusPublished

Cited by1 cases

This text of 154 A.D.2d 915 (Norry v. Ronnen) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Norry v. Ronnen, 154 A.D.2d 915 (N.Y. Ct. App. 1989).

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Opinion

Order unanimously affirmed without costs. Memorandum: Special Term properly denied defendant’s application for attorneys’ fees and disbursements (see, Sullivan v Getty Petroleum Corp., 131 AD2d 558, 560). 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). Here, the parties did not agree to an award of attorneys’ fees in the management agreement nor is there any statute or court rule permitting recovery of such fees in the circumstances of this case. (Appeal from order of Supreme Court, Monroe County, Tillman, J. — attorneys’ fees.) Present — Callahan, J. P., Denman, Green, Pine and Balio, JJ.

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Order unanimously affirmed without costs. Memorandum: Special Term properly denied defendant’s application for attorneys’ fees and disbursements (see, Sullivan v Getty Petroleum Corp., 131 AD2d 558, 560). 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). Here, the parties did not agree to an award of attorneys’ fees in the management agreement nor is there any statute or court rule permitting recovery of such fees in the circumstances of this case. (Appeal from order of Supreme Court, Monroe County, Tillman, J. — attorneys’ fees.) Present — Callahan, J. P., Denman, Green, Pine and Balio, JJ.

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Bluebook (online)

154 A.D.2d 915, Counsel Stack Legal Research, https://law.counselstack.com/opinion/norry-v-ronnen-nyappdiv-1989.

Opinion

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