Legal Opinion
D'Agostino v. DiNapoli
New York Supreme Court
Decided June 17, 2013PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Michael C. Lynch, J.
In Swergold v Cuomo (99 AD3d 1141 [2012], lv denied 20 NY3d 859 [2013]), the Appellate Division modified this court’s decision and orders entered June 3, 2011 and September 27, 2011, and remitted the matter for this court to address two issues: (1) whether D’Agostino’s claim for an award of counsel fees may be considered timely on the basis of “excusable neglect”; and (2) to award Hoover a reasonable fee for services performed in preparing and defending the fee application. By letter order December 11, 2012, the court set up a briefing schedule with…
2Cases cited6 opinions
- Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
- Brown v. Western R. Co. of Ala.Supreme Court of the United States · 1949
- Stephen Tancredi and Ronald Speidel v. Metropolitan Life Insurance Company, a New York Stock Company, and Metlife, Inc., a Delaware Holding CompanyCourt of Appeals for the Second Circuit · 2004
- Joan M. Canfield v. Van Atta Buick/gmc Truck, Inc.Court of Appeals for the Second Circuit · 1997
- In re the Estate of BurkichAppellate Division of the Supreme Court of the State of New York · 2004
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3Cited by2 opinions
- Matter of Autumn View Health Care Facility, LLC v. ZuckerAppellate Division of the Supreme Court of the State of New York · 2024
- Matter of Autumn View Health Care Facility, LLC v. ZuckerAppellate Division of the Supreme Court of the State of New York · 2024