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PARAMOUNT COMMUNICATIONS INC. v. HORSEHEAD INDUSTRIES, INC.

287 A.D.2d 345 (2001)

731 N.Y.S.2d 433

PARAMOUNT COMMUNICATIONS INC., Respondent, v. HORSEHEAD INDUSTRIES, INC., Appellant.

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

Decided October 18, 2001.

We are in accord with McGuire v Russell Miller, Inc. (1 F.3d 1306, 1313 [2d Cir]) insofar as it holds that when a contract provides for an award of attorneys' fees, there is no right to a jury trial on the issue of the reasonable value of such fees. The amount of, if not the right to, attorneys' fees raises post-judgment issues collateral to the merits in the nature of an accounting that are essentially equitable in nature (see...

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