Gelbard v. Genesee Hospital

Appellate Division of the Supreme Court of New York

Gelbard v. Genesee Hospital

289 A.D.2d 1035, 735 N.Y.S.2d 841, 2001 N.Y. App. Div. LEXIS 12683

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

DecidedDecember 21, 2001

StatusPublished

This text of 289 A.D.2d 1035 (Gelbard v. Genesee Hospital) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gelbard v. Genesee Hospital, 289 A.D.2d 1035, 735 N.Y.S.2d 841, 2001 N.Y. App. Div. LEXIS 12683 (N.Y. Ct. App. 2001).

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Opinion

Order unanimously affirmed without costs. Memorandum: Upon our review of the record, we conclude that Supreme Court did not abuse its discretion in denying defendants’ motion for an award of attorneys’ fees and costs under the Health Care Quality Improvement Act of 1986 (42 USC § 11101 et seq.; see, 42 USC § 11113; Sugarbaker v SSM Health Care, 187 F3d 853, 857-858). “Whether a party’s conduct is frivolous or without foundation is a question committed to the sound discretion of the * •* * court” (Johnson v Nyack Hosp., 964 F2d 116, 123; see also, Addis v Holy Cross Health Sys. Corp., 88 F3d 482, 486-487). We have examined defendants’ remaining contention and conclude that it lacks merit. (Appeal from Order of Supreme Court, Monroe County, Polito, J. — Counsel Fees.) Present — Pine, J. P., Wisner, Kehoe, Gorski and Lawton, JJ.

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Order unanimously affirmed without costs. Memorandum: Upon our review of the record, we conclude that Supreme Court did not abuse its discretion in denying defendants’ motion for an award of attorneys’ fees and costs under the Health Care Quality Improvement Act of 1986 (42 USC § 11101 et seq.; see, 42 USC § 11113; Sugarbaker v SSM Health Care, 187 F3d 853, 857-858). “Whether a party’s conduct is frivolous or without foundation is a question committed to the sound discretion of the * •* * court” (Johnson v Nyack Hosp., 964 F2d 116, 123; see also, Addis v Holy Cross Health Sys. Corp., 88 F3d 482, 486-487). We have examined defendants’ remaining contention and conclude that it lacks merit. (Appeal from Order of Supreme Court, Monroe County, Polito, J. — Counsel Fees.) Present — Pine, J. P., Wisner, Kehoe, Gorski and Lawton, JJ.

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Bluebook (online)

289 A.D.2d 1035, 735 N.Y.S.2d 841, 2001 N.Y. App. Div. LEXIS 12683, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gelbard-v-genesee-hospital-nyappdiv-2001.

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