In Gaisi v. Gaisi , Mark Hus wanted legal fees for securing his client a brokerage commission
Before the Gaisis filed for divorce, Mr. Gaisi entered into a brokerage agreement with Kirk Properties to sell certain property. After an initial deal didn't materialize, a Referee was appointed and a sale to the original purchaser resulted in "sizable proceeds" for Mr. Gaisi.
Elizabeth Kirk-Blitzer, the president of Kirk Properties, sought the Referee to pay her a broker's commission from those proceeds and eventually entered into a "Stipulation Releasing Brokerage Agreement," which provided Kirk-Blitzer with $35,000 in satisfaction of all claims between Kirk-Blitzer and the Gaisis.
The Westchester County Supreme Court then granted a request made by Mark Hus, Kirk-Blitzer's attorney, that Gaisi pay $9,420 for Hus's work to obtain the broker's fee.
Since the settlement did not provide for fees, Gaisi appealed to the Appellate Division, Second Department, which agreed that such sums may only be awarded when "authorized by agreement between the parties." When a settlement fails to reserve such rights, any fee entitlement is deemed to have been waived.
Hus must have been in a huff over that.
To download a copy of the Appellate Division's decision, please use this link: Gaisi v. Gaisi