Legal Opinion
Fiduciary Insurance Co. of America v. Medical Diagnostic Services, P.C.
Appellate Division of the Supreme Court of the State of New York
Decided May 16, 2017No. 4003 156503/15PublishedCited by 3 opinions
1Opinion of the Court
Order and judgment (one paper), Supreme Court, New York County (Shlomo Hagler, J.), entered January 6, 2017, which denied defendant Star of N.Y. Chiropractic Diagnostic, P.C.’s (Star) motion for attorneys fees against plaintiff, unanimously affirmed, with costs.
“It is well settled in New York that a prevailing party may not recover attorneys’ fees from the losing party except where authorized by statute, agreement or court rule” (U.S. Underwriters Ins. Co. v City Club Hotel, LLC, 3 NY3d 592, 597 [2004]; see also Gotham Partners, L.P. v High Riv. Ltd. Partnership, 76 AD3d 203, 205 [1st Dept…
2Cases cited3 opinions
- Mighty Midgets, Inc. v. Centennial InsuranceNew York Court of Appeals · 1979
- U.S. Underwriters Insurance v. City Club Hotel, LLCNew York Court of Appeals · 2004
- New York & Presbyterian Hospital v. Country-Wide InsuranceNew York Court of Appeals · 2011
3Cited by3 opinions
- U.S. Underwriters Ins. Co. v. Image By J&K, LLCDistrict Court, E.D. New York · 2018
- Allen v. ThompsonAppellate Division of the Supreme Court of the State of New York · 2026
- Hertz Vehicles, LLC v. CepedaAppellate Division of the Supreme Court of the State of New York · 2017