Legal Opinion · Dissent
Cohen Bros. Realty Corp. v. RLI Insurance Co.
Appellate Division of the Supreme Court of the State of New York
Decided June 13, 2017No. 3724 652037/11Published
1DissentKapnick, J.
While I agree with the majority that defendant RLI Insurance Company (RLI) is obligated to indemnify plaintiff (Cohen Brothers) for its damages in the underlying personal injury action of Vasquez v Cohen Bros. Realty Corp. (105 AD3d 595 [1st Dept 2013]), I believe that the voluntary payment doctrine applies here, and therefore I would vacate the declaration that RLI is required to pay the extra attorneys’ fees incurred by Cohen Brothers in the defense of that action.
Nonparty New York State Insurance Fund (SIF) defended Cohen Brothers in the Vasquez action; however, Cohen Brothers used a…
2Cases cited6 opinions
- Dillon v. U-A Columbia Cablevision of Westchester, Inc.New York Court of Appeals · 2003
- Brushton-Moira Central School District v. Fred H. Thomas Associates, P. C.New York Court of Appeals · 1998
- Vasquez v. Cohen Bros. Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2013
- DRMAK Realty LLC v. Progressive Credit UnionAppellate Division of the Supreme Court of the State of New York · 2015
- American Home Assurance Co. v. WeissmanAppellate Division of the Supreme Court of the State of New York · 1981
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