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MINKOFF v. CLARK TRANSFER

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA


December 7, 1993

Barry Minkoff, General Partner, East Blade Investors Limited Partnership, Successors in Interest to Harry Minkoff and Allen Baer, Trustees
v.
Clark Transfer, Inc., Highway Film Service, Inc.

Green

The opinion of the court was delivered by: JUNE L. GREEN

ORDER

On June 2, 1993 the Court issued a Memorandum and Order entering judgment in favor of the plaintiff in this matter. Presently, Plaintiff has filed a motion to amend the Court's judgment in order to provide that Plaintiff may recover a portion of the attorney fees owed to Plaintiff's attorney and to a separate environmental law firm as a result of bringing the above-entitled action.

 It is well established in the District of Columbia that attorney fees are not recoverable "absent a contract, a statutory provision, or a showing of unwarranted, oppressive, or vexatious conduct . . . ." Wisconsin Avenue Associates, Inc. v. 2720 Wisconsin Avenue Cooperative Association, Inc., 385 A.2d 20, 24 (D.C. App. 1978) (citation omitted).

 In the instant action the Court has found that the parties entered into a valid lease contract and that the damages held to be recoverable by the plaintiff flowed from the defendants' breach of one of the covenants of the lease. See Memorandum and Order, June 2, 1993, at pp. 11-13. The lease entered into by the parties also provides for the recovery of attorneys fees as follows:

 

Any suit for . . . the breach of any covenant of this Lease Agreement by either party to this Lease shall entitle the LESSORS or the LESSEE to make claim for court costs and attorneys' fees as elements of damage in said suit with the Court or other body having jurisdiction of the suit to finally determine the amount of such Court costs and attorneys' fees to be allowed to the prevailing party in the litigation.

 See, Plaintiff's Trial Exhibit 1, at p. 10, P15. Thus, the Court finds that Plaintiff has a contractual basis upon which to recover attorney fees. See Wisconsin Avenue Associates, Inc., supra, at 24. The Court's award for the recovery of counsel fees shall be premised, however, upon its review of counsel's affidavit outlining the legal services and fees at issue.

 Thus, having considered the Plaintiff's motion, the defendants' opposition, as well as the entire record of the case, it is by the Court this 7th day of December 1993

 ORDERED that Plaintiff's motion to amend the Court's Memorandum and Order of June 2, 1993 is GRANTED as further provided; it is further

 ORDERED that the Court shall grant a partial award of attorneys fees to Plaintiff after the submission by Plaintiff's counsel of an affidavit supporting his request for an award of fees charged by Plaintiff's counsel, as well as the law firm of Anderson, Kill, Olick and Oshinsky; and it is further

 ORDERED that the Clerk shall mail conforming copies of this Order to:

 

Marc S. Moskowitz, Esq.

 

1828 L Street, N.W., Suite 500

 

Washington, D.C. 20036

 

William C. Brennan, Jr., Esq.

 

KNIGHT, MANZI, BRENNAN, OSTROM & HAM, P.A.

 

14440 Old Mill Road

 

Upper Marlboro, Maryland 20772

 JUNE L. GREEN

 U.S. DISTRICT JUDGE

19931207

© 1992-2004 VersusLaw Inc.



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