Legal Opinion

Hertz Vehicles, LLC v. Cepeda

Appellate Division of the Supreme Court of the State of New York

Decided December 7, 2017No. 5151 154319/15Published

1Opinion of the Court

Order, Supreme Court, New York County (Joan M. Kenney, J.), entered on or about March 8, 2017, which, to the extent appealed from, denied defendant Innovative Health Chiropractic, P.C.’s request for attorneys’ fees, unanimously affirmed.

Defendant Innovative argues that, as the assignee of the rights of the no-fault claimants in the underlying automobile accident to whom it provided medical treatment, it successfully defended itself in this declaratory judgment action and thus should recover attorneys’ fees just as an insured may recover attorneys’ fees upon successfully defending itself…

2Cases cited3 opinions

  1. Mighty Midgets, Inc. v. Centennial InsuranceNew York Court of Appeals · 1979
  2. U.S. Underwriters Insurance v. City Club Hotel, LLCNew York Court of Appeals · 2004
  3. Fiduciary Insurance Co. of America v. Medical Diagnostic Services, P.C.Appellate Division of the Supreme Court of the State of New York · 2017

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