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N.Y. Debtor & Creditor Law § 276-a

Attorney's fees in action or special proceeding under this article to avoid a transfer or obligation

2020-04-10

§ 276-a. Attorney's fees in action or special proceeding under this\narticle to avoid a transfer or obligation. In an action or special\nproceeding under this article in which a judgment creditor who has been\nawarded by court order or agreement or has waived attorney's fees\navailable to prevailing parties by the terms of the statute under which\nthe creditor's underlying claim arose, or representative asserting the\nrights of such judgment creditor, recovers judgment avoiding any\ntransfer or obligation, the justice or surrogate presiding at the trial\nshall fix the reasonable attorney's fees of the creditor, or creditor\nrepresentative, incurred in such action or special proceeding under this\narticle as an additional amount required to satisfy the creditor's\nclaim, and the creditor, or creditor representative, shall have judgment\ntherefor against the debtor and, subject to the defenses and protections\nin section two hundred seventy-seven of this article, against any\ntransferee (or person for whose benefit the transfer was made) against\nwhom relief is ordered, in addition to the other relief granted by the\njudgment. The fee so fixed shall be without regard, or prejudice, to any\nagreement, express or implied, between the creditor, or the creditor\nrepresentative, and his or her attorney with respect to the compensation\nof such attorney.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.