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Law Offices of Jonathan M. Cooper

Q:
I entered into a New York contract and the other party breached the agreement. Can I hold him responsible for my legal fees?

A:

Obtaining reimbursement for legal fees following a New York breach of contract is not always easy. This is because New York follows the general rule that each party to a contract is responsible for its own legal fees and costs relating to litigation. For example, in a current breach of contract battle between two major companies, Fox and Dish Network may each have to pay their own costs relating to the litigation over Dish’s commercial-skipping service.

 

If you entered into an agreement that resulted in breach of contract in New York, however, it is still possible that some of your legal fees may be recoverable. It is essential that you consult with a New York business litigation attorney for further guidance. After reviewing the terms of your contract, he may suggest the following two options:

  1. Pursue recovery of legal fees by statute, under Article 82 of New York’s Civil Practice Law and Rules.
  2. Pursue recover of legal fees under the express terms of your contract, if the agreement contains such a clause.

 

Unfortunately, even if your matter does qualify under Article 82, the recoverable fees may be limited to a maximum of $1,500.

 

To learn more about recovering legal fees and other business litigation matters, contact an experienced New York breach of contract attorney today. Call our office at (888) 497-3410 for a consultation.