Nyack Hospital v. State Farm Mutual Automobile Insurance

Appellate Division of the Supreme Court of New York

Nyack Hospital v. State Farm Mutual Automobile Insurance

208 A.D.2d 510, 617 N.Y.S.2d 650, 1994 N.Y. App. Div. LEXIS 9339

Appellate Division of the Supreme Court of the State of New York·Decided October 3, 1994·Published

Opinion

In an action, inter alia, for the payment of overdue no-fault insurance claims, (1) the defendant appeals, as limited by its brief, from so much of a decision of the Supreme Court, Nassau County (McCarthy, J.), dated July 30, 1993, as awarded the plaintiffs attorney’s fees of $850, (2) the plaintiffs Nyack Hospital and Joseph Henig, P. C., appeal, as limited by their notice of appeal and brief, from so much of a judgment of the same court, entered November 22, 1993, as awarded them interest from the date of the commencement of the action and attorney’s fees of only $850, and (3) the defendant cross-appeals, as limited by its brief, from so much of the judgment as awarded the plaintiffs’ attorney’s fees of $850. The notice of appeal of the plaintiffs Nyack Hospital and Joseph Henig, P. C., from the decision dated July 30, 1993, is deemed a premature notice of appeal from the judgment (CPLR 5520 [c]).

Ordered that the appeal from the decision is dismissed since no appeal lies from a decision (see, Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,

Ordered that the judgment is reversed insofar as appealed and cross-appealed from, on the law, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings in accordance with Hempstead Gen. Hosp. v Insurance Co. (208 AD2d 501 [decided herewith]); and it is further,

[511] Ordered that the plaintiffs Nyack Hospital and Joseph Henig, P. C., are awarded one bill of costs. Rosenblatt, J. P., O’Brien, Ritter and Florio, JJ., concur.

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In an action, inter alia, for the payment of overdue no-fault insurance claims, (1) the defendant appeals, as limited by its brief, from so much of a decision of the Supreme Court, Nassau County (McCarthy, J.), dated July 30, 1993, as awarded the plaintiffs attorney’s fees of $850, (2) the plaintiffs Nyack Hospital and Joseph Henig, P. C., appeal, as limited by their notice of appeal and brief, from so much of a judgment of the same court, entered November 22, 1993, as awarded them interest from the date of the commencement of the action and attorney’s fees of only $850, and (3) the defendant cross-appeals, as limited by its brief, from so much of the judgment as awarded the plaintiffs’ attorney’s fees of $850. The notice of appeal of the plaintiffs Nyack Hospital and Joseph Henig, P. C., from the decision dated July 30, 1993, is deemed a premature notice of appeal from the judgment (CPLR 5520 [c]).

Ordered that the appeal from the decision is dismissed since no appeal lies from a decision (see, Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,

Ordered that the judgment is reversed insofar as appealed and cross-appealed from, on the law, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings in accordance with Hempstead Gen. Hosp. v Insurance Co. (208 AD2d 501 [decided herewith]); and it is further,

[511] Ordered that the plaintiffs Nyack Hospital and Joseph Henig, P. C., are awarded one bill of costs. Rosenblatt, J. P., O’Brien, Ritter and Florio, JJ., concur.

Nyack Hospital v. State Farm Mutual Automobile Insurance, 208 A.D.2d 510, 617 N.Y.S.2d 650, 1994 N.Y. App. Div. LEXIS 9339 (N.Y. Ct. App. 1994).

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Opinion

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