Davidoff v Hershfield

Holding The court reversed the lower court’s grant of summary judgment and granted the defendants’ motion to dismiss because the promissory note lacked clear language expressly providing for the recovery of fees on fees. The court held that such a right to recover attorneys’ fees for prosecuting a claim for attorneys’ fees must be based on a specific contractual provision and cannot be implied.

The court’s words

The note did not contain clear language expressly providing for the prevailing party to recover fees on fees

2026 NY Slip Op 05931, at the official text

Given the absence of unmistakably clear intent regarding the recovery of fees on fees, a right to recover those fees should not be implied

2026 NY Slip Op 05931, at the official text

an award of attorneys' fees for the costs incurred in prosecuting a claim for an award of attorneys' fees, so called 'fees on fees,' must be based upon a specific contractual provision or statute

2026 NY Slip Op 05931, at the official text