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BRILL PHYSICAL THERAPY, P.C. v. LEAF

4393N, 600629/09.

82 A.D.3d 413 (2011)

918 N.Y.S.2d 33

BRILL PHYSICAL THERAPY, P.C., Respondent, v. STEPHANIE LEAF et al., Appellants, et al., Defendant.

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

Decided March 1, 2011.

We find that the court did not abuse its discretion in ordering payment of the subject attorney's fees. Contrary to defendants' contentions, the fees were not awarded in contravention of the "American Rule," which precludes a prevailing party from recouping legal fees from the losing party except where authorized by statute, agreement or court rule (see Gotham Partners, L.P. v High Riv. Ltd. Partnership, 76 A.D.3d 203 [2010...

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