Professional Insurance v. Guerrini-Maraldi

Appellate Division of the Supreme Court of New York

Professional Insurance v. Guerrini-Maraldi

34 A.D.2d 756, 311 N.Y.S.2d 799, 1970 N.Y. App. Div. LEXIS 4944

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

DecidedMay 7, 1970

StatusPublished

This text of 34 A.D.2d 756 (Professional Insurance v. Guerrini-Maraldi) 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

Professional Insurance v. Guerrini-Maraldi, 34 A.D.2d 756, 311 N.Y.S.2d 799, 1970 N.Y. App. Div. LEXIS 4944 (N.Y. Ct. App. 1970).

Pincite

Opinion

Order, entered July 18, 1969, unanimously affirmed, without costs and without disbursements. In affirming, we construe the order as effective merely as a direction for payment of the sum mentioned therein as interim allowance for legal fees and disbursements incurred by defendant D. Guerrini-Maraldi in connection with his defense and the order shall not be effective in any way to ■ obligate the plaintiff to pay expenses, including attorneys’ fees, thereafter incurred in the defense of the action. A subsequent application, if made, for a further allowance, shall be determined de novo on the basis of proceedings and facts then presented to the court. Furthermore, the determination here shall not have the effect in any way as a precedent for the granting of similar applications by other defendants but such applications, if made, shall also be determined on the basis of the proceedings and facts then presented to the court. Concur — Eager, J. P., Markewich, Tilzer and Bastow, JJ.

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Order, entered July 18, 1969, unanimously affirmed, without costs and without disbursements. In affirming, we construe the order as effective merely as a direction for payment of the sum mentioned therein as interim allowance for legal fees and disbursements incurred by defendant D. Guerrini-Maraldi in connection with his defense and the order shall not be effective in any way to ■ obligate the plaintiff to pay expenses, including attorneys’ fees, thereafter incurred in the defense of the action. A subsequent application, if made, for a further allowance, shall be determined de novo on the basis of proceedings and facts then presented to the court. Furthermore, the determination here shall not have the effect in any way as a precedent for the granting of similar applications by other defendants but such applications, if made, shall also be determined on the basis of the proceedings and facts then presented to the court. Concur — Eager, J. P., Markewich, Tilzer and Bastow, JJ.

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Bluebook (online)

34 A.D.2d 756, 311 N.Y.S.2d 799, 1970 N.Y. App. Div. LEXIS 4944, Counsel Stack Legal Research, https://law.counselstack.com/opinion/professional-insurance-v-guerrini-maraldi-nyappdiv-1970.