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126 Misc. 2d 1006

Citation
126 Misc. 2d 1006
Jurisdiction
New York (state)
Source verification
cross_accepted_sealed
Effective Date
1984-06-07

Full Text

1,017 chars
The question arises, however, as to whether the tenants have incurred any legal expenses since their father and father-in-law has agreed that he has no intention of charging them for his legal services but will look only to the landlord for the payment of his fees. The determination of this issue hinges, primarily, upon the word “incurred” contained in the lease between the parties. An obligation to pay legal fees is incurred as soon as the client retains the attorney and even before the precise contractual arrangement for payment is made between them and not when payment is actually made. Black’s Law Dictionary (5th ed, p 691) defines the word “incur” as, “To have liabilities cast upon one by act or operation of law, as distinguished from contract, where the party acts affirmatively.” As soon as the tenants consulted their father and father-in-law, as an attorney, an obligation for legal fees was cast upon them, and that liability was not negated by the subsequent contingency arrangement for payment.