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