Determining Attorneys’ Fees in a New York No-Fault Case

The Civil Court, Richmond County in Marigliano v. New York Cent. Mut. Fire Ins. Co.  was faced with determining how to award attorneys’ fees in a no-fault matter that involved 21 claims regarding three assignors.  Pursuant to a stipulation, the defendant agreed to pay a specified portion of the 21 bills that were in dispute.  The stipulation settled all aspects of the claims except the attorneys’ fees.

The plaintiff/attorney argued that he was entitled for each bill to fees in the amount of $60 or 20% of the amount of the bills.  The Civil Court accepted the defendant’s argument that for each assignor the plaintiff was entitled  to an attorney’s fee in the amount of $60 or 20% of the aggregate amount of all bills submitted on behalf of that assignor.

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