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ARTICLE · 31 AUGUST 2021

Great American V. L. Knife & Son

Mound Cotton Wollan & Greengrass
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In granting Great American Insurance Company's motion to dismiss L. Knife's counterclaims for attorneys' fees and other extra-contractual damages, the court held that ‘‘neither counterclaim

United StatesLitigation, Mediation & Arbitration
Kevin F. Buckley
Kevin F. Buckley
Daniel M. O’Connell
Daniel M. O’Connell

MCWG Decisions, 2019

Great American Ins. Co. of NY v. L. Knife & Son, Inc., No. 157164/2013, 2019 WL 529276 (N.Y. Sup. Ct. Feb. 11, 2019)

In granting Great American Insurance Company's motion to dismiss L. Knife's counterclaims for attorneys' fees and other extra-contractual damages, the court held that ''neither counterclaim cites any statutory or contractual provision permitting the recovery of attorneys' fees and costs'' and that ''New York law is clear that 'in the absence of any pertinent contractual or statutory provision with respect to the recovery of amounts expended in the successful prosecution or defense of an action, each party is responsible for its own legal fees,''' citing Chapel v. Mitchell, 84 NY2d 345, 349 (1994).

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