Summary
This Appellate Division, Second Department decision affirms a Supreme Court judgment in favor of the defendant on her counterclaim for no-fault insurance benefits under Insurance Law § 5106(c). The court upheld the trial court's award of $25,109.88 in principal medical expenses and $76,856.67 in attorney's fees, finding the amounts proper given the defendant's settlement with medical providers and the trial court's discretion. The accompanying motion to strike portions of the respondent's brief was denied.
Topics
Practice areas
Questions Presented
- Whether the appellate court may affirm the trial court's award of $25,109.88 on the defendant's counterclaim for no‑fault insurance benefits.
- Whether the award of attorneys' fees in the sum of $76,856.67 was a proper exercise of discretion under Insurance Law § 5106(a) and the applicable regulations.
Holdings
- The award of $25,109.88 was proper and is affirmed.
- The award of attorneys' fees was a proper exercise of discretion and is affirmed.
Key quotations
“"In reviewing a trial court's findings of fact following a nonjury trial, this Court's authority is as broad as that of the trial court and includes the power to render the judgment it finds warranted by the facts, taking into account in a close case the fact that the trial judge had the advantage of seeing the witnesses"”
Factual background
Kapeleris incurred medical expenses totaling $25,109.88, settled those bills, and the trial court awarded the defendant that amount on the counterclaim and attorneys' fees of $76,856.67.
Procedural history
The trial court entered a judgment in favor of the defendant on a counterclaim for $25,109.88 and awarded attorneys' fees of $76,856.67. The appellant appealed, contending the awards were inadequate. The Appellate Division reviewed the factual findings de novo and affirmed the judgment.