AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

SUZANNE LAVANANT et al., Respondents, v. GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA, Appellant, and CHUBB GROUP OF INSURANCE COMPANIES et al., Respondents.

Defendant has failed to demonstrate that the court erred in awarding fees and costs upon consideration of the well-settled factors in fixing an attorney's fees. (See, Matter of Freeman, 34 N.Y.2d 1.) The defendant's claims with respect to the law firm Finkelstein Borah are conclusory and erroneous, to the extent that the law firm, expert in landlord tenant matters, was concerned with the breach of warranty claim by plaintiffs in the underlying Lavanant v. General Acc. Ins. Co. action ( 164 A.D.2d 73, lv dismissed 77 N.Y.2d 939). Also, while it is generally improper for an attorney in a personal injury action to disclose to the jury the existence of insurance coverage or, in this case, that a property damage claim had been settled and paid, the Brownstein firm, at the hearing, set forth a reasonable strategy for the disclosure and it cannot be said that nondisclosure would have changed the outcome. Defendant has failed to demonstrate any entitlement to a reduction of the reasonable attorney's fees and costs fixed after the hearing (see, Matter of Freeman, supra).

Concur — Carro, J.P., Rosenberger, Kupferman, Ross and Rubin, JJ.

Use AI to get other relevant cases.

Comments

LAVANANT v. GENERAL ACCIDENT INS. CO. OF AM
(Oct 22, 1991)