Under the general rule, attorney's fees are incidents of litigation, and a prevailing party may not collect fees unless an award is authorized by an agreement between the parties, a statute, or a court rule. A contract may include a promise by one party to hold the other harmless for a particular loss or damage, and counsel fees are a form of damage which may be indemnified in this way. A contract assuming that obligation must be strictly construed in order to avoid reading into it a duty which the parties did not intend. The promise should not be found unless it can be clearly implied from the language and purpose of the entire agreement and the surrounding facts and circumstances.
Giannakopoulos v. Figame Realty Mgt., NY Slip Op 04364 (2d Dep't August 23, 2023)
