SMITH, GAMBRELL & RUSSELL, LLP v. TELE-COMMUNICATIONS SYSTEMS, INC.

4939, 653476/16.

155 A.D.3d 457 (2017)

63 N.Y.S.3d 384

2017 NY Slip Op 07954

SMITH, GAMBRELL & RUSSELL, LLP, Respondent, v. TELE-COMMUNICATIONS SYSTEMS, INC., Appellant.

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

Decided November 14, 2017.


Defendant alleges that plaintiff committed legal malpractice by failing to file a timely motion for attorneys' fees in a federal patent proceeding in which it represented defendant. Defendant relies on Federal Rules of Civil Procedure rule 54 (d) (2) (B), which sets the deadline at 14 days after entry of a judgment in the proceeding. It alleges that 16 months after the deadline, and following extensive posttrial proceedings, plaintiff moved for attorneys' fees as a sanction...

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