What is the test for an award of attorney's fees in a personal injury case?

"New York", United States of America

The following excerpt is from Lenaar v. Lubavitch, 118 N.Y.S.3d 371 (Table), 64 Misc.3d 1238 (A) (N.Y. Civ. Ct. 2019):

In determining an award of attorney's fees, there must be a determination of the reasonable hourly rate for each category of service that has been charged. As a general rule, it is well-settled that the reasonable hourly rate should be based on the "customary fee charged for similar services by lawyers in the community with like experience and of comparable reputation to the attorney seeking the award". Experience, of course, includes not only the number of years in practice but also the nature of the practice engaged in by the specific attorney. Rahney v. Blun , supra .

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