CHIAVARELLI v. WILLIAMS


281 A.D.2d 255 (2001)

721 N.Y.S.2d 537

MARIO CHIAVARELLI, Appellant-Respondent, v. ROY F. WILLIAMS, Respondent-Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided March 15, 2001.


"Attorneys' fees are not usually compensable in the absence of specific statutory authority, or contractual obligation or incident to recovery for certain torts involving malice" (Flaks, Zaslow & Co. v Bank Computer Network Corp., 66 A.D.2d 363, 365 [emphasis added], appeal dismissed 47 N.Y.2d 951). Although malice was proved in connection with the instant defamation action, it was not the sort of malice arising...

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