November 1, 2013
Jordan R. Pavlus Obtains A Decision Of First Impression Awarding “Fees on Fees” Pursuant To The State Finance Law
Jordan R. Pavlus recently obtained an award on behalf of a construction material supplier which awarded so called “fees on fees” pursuant to State Finance Law section 137.
In the case, the supplier was awarded attorney’s fees on a motion for summary judgment pursuant to State Finance Law section 137(4)(c). The surety appealed, but the Appellate Division upheld the award of summary judgment, including attorney’s fees. After the decision was affirmed, Mr. Pavlus made a motion for the award of additional attorney’s fees incurred collecting the judgment and defending the appeal. Although no reported case in New York had made such a “fees on fees” award pursuant to the State Finance Law, the motion was granted and the judgment was collected. The surety filed a notice of appeal, which was subsequently dismissed pursuant to a motion.