Mid-Island Hospital v. Empire Mutual Insurance

Appellate Division of the Supreme Court of New York

Mid-Island Hospital v. Empire Mutual Insurance

120 A.D.2d 652, 502 N.Y.S.2d 98, 1986 N.Y. App. Div. LEXIS 56749

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

DecidedMay 19, 1986

StatusPublished

Cited by1 cases

This text of 120 A.D.2d 652 (Mid-Island Hospital v. Empire Mutual Insurance) 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

Mid-Island Hospital v. Empire Mutual Insurance, 120 A.D.2d 652, 502 N.Y.S.2d 98, 1986 N.Y. App. Div. LEXIS 56749 (N.Y. Ct. App. 1986).

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Opinion

— In an action pursuant to Insurance Law § 5106 by two hospitals as [653]*653the assignees of certain patients to recover attorney’s fees expended to recover unpaid benefits due under the no-fault provisions of the Insurance Law, the plaintiffs appeal from (1) a purported order of the Supreme Court, Nassau County (Levitt, J.), dated June 19, 1985, which denied the application, and (2) a judgment of the same court, which, upon reconsideration, awarded them attorney’s fees only in the amount of $250 under 11 NYCRR 65.16 (c) (8) (viii) and (x) on five causes of action.

Appeal from the purported order dismissed. That paper is a decision from which no appeal lies.

Judgment affirmed.

The defendant is awarded one bill of costs.

Special Term properly found that the plaintiffs were entitled to attorney’s fees of $50 on each of their five causes of action, as each claim was settled prior to the commencement of the instant action (see, Insurance Law § 5106 [a]; 11 NYCRR 65.16 [c] [8] [viii]). No interest could be awarded on those fees as, unlike other sections of that same regulation, none is provided for pursuant to 11 NYCRR 65.16 (c) (8) (viii). (See also, Interboro Gen. Hosp. v Allcity Ins. Co., 119 AD2d 633.) Rubin, J. P., Lawrence, Kunzeman and Kooper, JJ., concur.

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— In an action pursuant to Insurance Law § 5106 by two hospitals as [653]*653the assignees of certain patients to recover attorney’s fees expended to recover unpaid benefits due under the no-fault provisions of the Insurance Law, the plaintiffs appeal from (1) a purported order of the Supreme Court, Nassau County (Levitt, J.), dated June 19, 1985, which denied the application, and (2) a judgment of the same court, which, upon reconsideration, awarded them attorney’s fees only in the amount of $250 under 11 NYCRR 65.16 (c) (8) (viii) and (x) on five causes of action.

Appeal from the purported order dismissed. That paper is a decision from which no appeal lies.

Judgment affirmed.

The defendant is awarded one bill of costs.

Special Term properly found that the plaintiffs were entitled to attorney’s fees of $50 on each of their five causes of action, as each claim was settled prior to the commencement of the instant action (see, Insurance Law § 5106 [a]; 11 NYCRR 65.16 [c] [8] [viii]). No interest could be awarded on those fees as, unlike other sections of that same regulation, none is provided for pursuant to 11 NYCRR 65.16 (c) (8) (viii). (See also, Interboro Gen. Hosp. v Allcity Ins. Co., 119 AD2d 633.) Rubin, J. P., Lawrence, Kunzeman and Kooper, JJ., concur.

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Bluebook (online)

120 A.D.2d 652, 502 N.Y.S.2d 98, 1986 N.Y. App. Div. LEXIS 56749, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mid-island-hospital-v-empire-mutual-insurance-nyappdiv-1986.

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