Legal Opinion
Hempstead General Hospital v. Allstate General Insurance
Appellate Division of the Supreme Court of the State of New York
Decided December 10, 1984PublishedCited by 19 opinions
1Opinion of the Court
—In an action brought under the no-fault provisions of the Insurance Law, defendant insurer appeals from so much of a judgment of the Supreme Court, Nassau County (Winick, J.), entered September 1, 1983, as awarded plaintiff additional attorney’s fees in the amount of $750 as a “fee upon a fee”, or a fee for time spent in substantiating its counsel fees.
Judgment reversed insofar as appealed from, on the law, with costs, and additional attorney’s fees denied.
Counsel fees are not recoverable absent express statutory or contractual provision therefor (see, e.g., City of Buffalo v Clement Co., 28…
2Cases cited4 opinions
- City of Buffalo v. J. W. Clement Co.New York Court of Appeals · 1971
- Equitable Lumber Corp. v. IPA Land Development Corp.New York Court of Appeals · 1976
- In Re the Arbitration Between Fresh Meadows Medical Associates & Liberty Mutual InsuranceNew York Court of Appeals · 1979
- Hempstead General Hospital v. Allstate InsuranceNew York Supreme Court · 1983
3Cited by19 opinions
- In re Simon II LitigationDistrict Court, E.D. New York · 2002
- Kumble v. Windsor Plaza Co.Appellate Division of the Supreme Court of the State of New York · 1990
- Hempstead General Hospital v. Allstate InsuranceNew York Court of Appeals · 1985
- Schussler v. SchusslerAppellate Division of the Supreme Court of the State of New York · 1986
- Hempstead General Hospital v. Insurance Co. of North AmericaAppellate Division of the Supreme Court of the State of New York · 1994
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