Parcside Equity v. Freedman


, New York Law Journal


Justice Barbara Jaffe

Parcside Equity sought an immediate trial for reasonable attorney fees. Freedman sold Parcside two life insurance policies, which were sold to a third party. Parcside sued Freedman for declaratory relief and attorney fees based on an alleged breach of the sales contracts. Freedman sued Parcside's principal, Lian, and the third party and his motion for summary judgment was denied as the court found Parcside was entitled to judgment on its claim for attorney fees as the "substantially prevailing party." A hearing was ordered to determine Parcside's reasonable attorney fees and costs incurred with the prosecution of the action and against defending Freedman's counterclaim. Following a fee hearing, Parcside was granted judgment of $390,000 in attorney fees from Dec. 4, 2008 through Nov. 30, 2011. Parcside now claimed entitlement to attorney fees and expenses from Nov. 30, 2011 to the conclusion of the instant action. The court noted a decision as to a party's entitlement to attorney fees in an earlier action may be postponed where further litigation on the same issue was ongoing. It granted Parcside's motion for additional fees except to any fees sought for Lian's defense in the prior California action. The amount of the award was refereed to a special referee.

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