Legal Opinion
In re the Arbitration between Fresh Meadows Medical Associates & Liberty Mutual Insurance
Appellate Division of the Supreme Court of the State of New York
Decided December 29, 1978PublishedCited by 5 opinions
1Opinion of the Court
*432OPINION OF THE COURT
Suozzi, J.
There are two issues to be decided in this case: (1) whether a claimant’s attorney may collect from a no-fault carrier for the time spent in justifying the reasonableness of his fee; and (2) under what circumstances may a claimant’s attorney recover attorney’s fees which exceed the underlying claim.
The facts are not in material dispute. The arbitration proceeding which underlies the instant application arose as a result of an automobile accident which occurred on December 21, 1974. On that date, Janina Tokarz was a passenger in an automobile being driven by one…
2Cases cited7 opinions
- Montgomery v. DanielsNew York Court of Appeals · 1975
- City of Buffalo v. J. W. Clement Co.New York Court of Appeals · 1971
- In re the Arbitration between Simmons & Government Employees InsuranceAppellate Division of the Supreme Court of the State of New York · 1977
- People v. CastroNew York Court of Appeals · 1971
- In re the Arbitration between Country-Wide Insurance & BarriosNew York Court of Appeals · 1977
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- United States Lines, Inc. v. American Steamship Owners Mutual Protection & Indemnity Ass'n (In Re United States Lines, Inc.)United States Bankruptcy Court, S.D. New York · 1994
- Nationwide Mutual Ins. v. SheldonAppellate Division of the Supreme Court of the State of New York · 1979
- Mattice v. Amica Mutual InsuranceNew York Supreme Court · 1980
- Wanken v. Allstate InsuranceNew York Supreme Court · 1981
- Lullo v. DennehyNew York Supreme Court · 1981