546-552 W. 146TH ST. v. ARFA

6169NA.

99 A.D.3d 117 (2012)

950 N.Y.S.2d 24

2012 NY Slip Op 5895

546-552 WEST 146TH STREET LLC et al., Respondents-Appellants, et al., Plaintiffs, v. RACHEL L. ARFA et al., Appellants-Respondents, et al., Defendants.

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

August 7, 2012.


Attorney(s) appearing for the Case

Schlam Stone & Dolan LLP, New York City ( David J. Katz and Michael C. Marcus of counsel), for appellants-respondents.

Balber Pickard Maldonado & Van Der Tuin, P.C., New York City ( Jane Y. Ginns and John Van Der Tuin of counsel), for respondents-appellants.

MAZZARELLI, J.P., FRIEDMAN and FREEDMAN, JJ., concur with ANDRIAS, J.; CATTERSON, J., dissents in part in a separate opinion.


OPINION OF THE COURT

ANDRIAS, J.

In this appeal, we first consider whether defendants-appellants are entitled to attorneys' fees incurred in obtaining indemnification under the applicable limited liability company operating agreements. We conclude that Supreme Court properly denied fees on fees.

Defendants Rachel L. Arfa, Alexander Shpigel and Gadi Zamir were the sole members when plaintiff limited liability companies were formed. Outside investors...

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