Legal Question in Business Law in New York

Generally speaking, in the U.S. the winner of a lawsuit is not entitled to attorney fees unless a contract between the parties specifies that the winner gets such attorney fees, under some statutory exception or under very limited circumstances if the judge believes that the plaintiff acted in an egregious manner. As such, your question cannot be answered untill the contract is carefully reviewed.

With respect to not being able to counter sue -- generally speaking loosing one's basic right to counter sue under a contractual obligation is very limited. Therefore, you should counter sue at the onset, otherwise you may loose your chance to present a counter claim.

Be mindful that you have a limited time to answer the complaint and counter sue. I highly recommend that you retain an attorney ASAP to represent you in this matter.

Feel free to contact my office at your earliest convenience.

Roman R. Fichman, Esq.

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Disclaimer: This post has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice or be relied upon. The post may contain errors, inaccuracies and/or omissions. You should always consult an attorney admitted to practice in your jurisdiction for specific advice. This post may be deemed as Attorney Advertising.

You really have to have a lawyer review the contract to give you clear answers.

Mike.