Legal Opinion · Dissent
In Re the Arbitration Between Fresh Meadows Medical Associates & Liberty Mutual Insurance
New York Court of Appeals
Decided November 21, 1979Published
1DissentMeyer, J.
My point of departure from the majority is in the concept that in using the words “his attorney’s reasonable fee” in section 675 of the Insurance Law, as it existed prior to December 1, 1977, the Legislature left open the question whether the award of fees for the recovery of fees was permitted.
Well settled is the proposition that attorneys’ fees are merely incidents of litigation and, therefore, not compensable, absent an express statutory or contractual provision therefor (Equitable Lbr. Corp. v IPA Land Dev. Corp., 38 NY2d 516; City of Buffalo v Clement Co., 28 NY2d 241; 1 Speiser,…
2Cases cited9 opinions
- Mighty Midgets, Inc. v. Centennial InsuranceNew York Court of Appeals · 1979
- City of Buffalo v. J. W. Clement Co.New York Court of Appeals · 1971
- Mount St. Mary's Hospital v. CatherwoodNew York Court of Appeals · 1970
- Equitable Lumber Corp. v. IPA Land Development Corp.New York Court of Appeals · 1976
- Doyle v. Allstate InsuranceNew York Court of Appeals · 1956
4 more not listed; retrieve them via the Exa API.