Practice point: Attorneys' fees and disbursements are incidents of litigation, and a prevailing party may not collect unless the award is authorized by agreement between the parties, by statute, or by court rule.
Practitioners should note that, even if there is sufficient authority for an attorney’s fee, the award is premature as long as the matter is still before the court.
Case: Siamos v. 36-02 35th Ave. Dev., LLC, NY Slip Op 06978 (2d Dept. 2008)
The opinion is here.
