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Nutmeg Ins. Co. v. Rosen

Appellate Division of the Supreme Court of New York, Third Department
Mar 6, 1997
237 A.D.2d 677 (N.Y. App. Div. 1997)

Opinion

March 6, 1997.

Appeal from an order of the Supreme Court (Torraca, J.), entered September 21, 1995 in Sullivan County, which, inter alia, granted a motion by certain defendants for summary judgment dismissing the complaint.

Before: Mercure, J. P., White, Casey and Spain, JJ.


The gravamen of this appeal concerned Supreme Court's award of counsel fees incurred in connection with an action brought against various officials of the Town of Delaware, Sullivan County, who were insured under a public entity liability policy issued by plaintiff ( see, Curtis v Nutmeg Ins. Co., 204 AD2d 833, lv denied 84 NY2d 1027). Upon supplementation of the record by submission of a resettled order, with notice of filing, dated December 3, 1996, where the award of counsel fees was deleted, counsel for the parties advised that such issue was now rendered moot. Upon our review of that order, we agree.

As to the remaining issue seeking sanctions pursuant to 22 NYCRR 130-1.1 (c), we find an insufficient basis for such imposition.

Ordered that the order is affirmed, without costs.


Summaries of

Nutmeg Ins. Co. v. Rosen

Appellate Division of the Supreme Court of New York, Third Department
Mar 6, 1997
237 A.D.2d 677 (N.Y. App. Div. 1997)
Case details for

Nutmeg Ins. Co. v. Rosen

Case Details

Full title:NUTMEG INSURANCE COMPANY, Appellant, v. WILLIAM ROSEN et al., Respondents…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Mar 6, 1997

Citations

237 A.D.2d 677 (N.Y. App. Div. 1997)
655 N.Y.S.2d 453