Summary
The New York Appellate Division, Second Department, affirmed a judgment awarding Integrated Medicine of S.I., P.C., an additional attorney's fee of $220 in a CPLR article 75 proceeding concerning no-fault insurance arbitration. The court held that the Supreme Court acted within its discretion in setting the fee without a hearing because Integrated Medicine did not submit supporting billing information or request a hearing.
Topics
Practice areas
Questions Presented
- Whether the Supreme Court abused its discretion by awarding an additional attorney's fee under 11 NYCRR 65-4.10(j)(4) without first conducting a hearing.
- Whether Integrated Medicine established a basis for an attorney's fee greater than the $220 awarded.
Holdings
- The Supreme Court was not required to conduct a hearing before awarding Integrated Medicine an additional attorney's fee.
- The $220 additional attorney's fee award was within the Supreme Court's discretion and was properly affirmed.
Key quotations
“"The determination of what constitutes a reasonable attorney's fee is a matter within the sound discretion of the Supreme Court"” ([*1])
“the court was not required to conduct a hearing prior to awarding the additional attorney's fee pursuant to 11 NYCRR 65-4.10(j)(4).” ([*2])
Factual background
American Transit sought to vacate a master arbitration award that affirmed an arbitration award in favor of Integrated Medicine. Integrated Medicine sought an additional attorney's fee for services performed in the CPLR article 75 proceeding. It did not submit an affirmation or affidavit describing the work performed or time expended, and it did not request a hearing on the fee issue. The Supreme Court awarded $220 without a hearing.
Procedural history
American Transit Insurance Company commenced a proceeding to vacate a November 1, 2022 master arbitration award that had affirmed an arbitration award in favor of Integrated Medicine. Integrated Medicine cross-petitioned for, among other relief, an additional attorney's fee under 11 NYCRR 65-4.10(j)(4). The Supreme Court denied the petition, confirmed the arbitration award, and awarded $220 in additional attorney's fees without conducting a hearing. The Appellate Division affirmed insofar as appealed from.