Matter of American Tr. Ins. Co. v. Baltic Supply Corp.

Summary

The Appellate Division, Second Department, affirmed a judgment awarding Baltic Supply Corp. $300 in attorney's fees under 11 NYCRR 65-4.10(j)(4) in connection with a proceeding to confirm or vacate a no-fault master arbitration award. The court held that the Supreme Court acted within its discretion in setting the fee without conducting a hearing because Baltic did not submit supporting details concerning the work performed or request a hearing.

Holdings

1. The Supreme Court was not required to conduct a hearing before awarding an additional attorney's fee under 11 NYCRR 65-4.10(j)(4), particularly where Baltic did not request a hearing.
2. The Supreme Court did not err or improvidently exercise its discretion by awarding Baltic $300 in attorney's fees.

Questions Presented

1. Whether the Supreme Court properly awarded Baltic Supply Corp. only $300 in attorney's fees under 11 NYCRR 65-4.10(j)(4).
2. Whether the Supreme Court was required to conduct a hearing before fixing the amount of an additional attorney's fee for a CPLR article 75 proceeding involving a master arbitration award.

Disposition

affirmed