Legal Opinion

Fortune Medical, P.C. v. New York Central Mutual Fire Insurance

Appellate Terms of the Supreme Court of New York

Decided April 3, 2008PublishedCited by 1 opinion

1Opinion of the Court

*33OPINION OF THE COURT

Memorandum.

Order reversed without costs and defendant’s motion to amend the judgment denied.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff was awarded partial summary judgment in the sum of $5,855.82. A judgment was subsequently entered in the principal sum of $5,855.82. Defendant moved, inter alia, to amend the judgment by reducing the amount of attorney’s fees awarded to plaintiff, claiming that plaintiffs recovery of attorney’s fees was limited to 20% of the total amount of first-party no-fault benefits awarded for services…

2Cases cited3 opinions

  1. Mountain View Coach Lines, Inc. v. StormsAppellate Division of the Supreme Court of the State of New York · 1984
  2. Smithtown General Hospital v. State Farm Mutual Automobile InsuranceAppellate Division of the Supreme Court of the State of New York · 1994
  3. LMK Psychological Services v. State Farm Mutual Automobile InsuranceAppellate Division of the Supreme Court of the State of New York · 2007

3Cited by1 opinion

  1. Phillips v. Max Finkelstein, Inc.Appellate Terms of the Supreme Court of New York · 2021

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