expense defense in New York

2024As a prior judge of this court has held, "While the avoidance of the expense of a hearing on this less than monumental issue would be an expense that would pale into insignificance to the costs already incurred in this family/estate litigation, nevertheless where summary judgment is called for in the absence of triable issues of fact, it is incumbent on the courts to decide summarily when it can do so appropriately." ( Matter of Estate of Birnbaum , 131 Misc 2d 925, 926-27 , [Sur Ct Monroe Cnty 1986] citing Andre v. Pomeroy, 35 NY2d 361 ).

2024As a prior judge of this court has held, "While the avoidance of the expense of a hearing on this less than monumental issue would be an expense that would pale into insignificance to the costs already incurred in this family/estate litigation, nevertheless where summary judgment is called for in the absence of triable issues of fact, it is incumbent on the courts to decide summarily when it can do so appropriately." ( Matter of Estate of Birnbaum , 131 Misc 2d 925, 926-27 , [Sur Ct Monroe Cnty 1986] citing Andre v. Pomeroy, 35 NY2d 361 ).

2024As a prior judge of this court has held, "While the avoidance of the expense of a hearing on this less than monumental issue would be an expense that would pale into insignificance to the costs already incurred in this family/estate litigation, nevertheless where summary judgment is called for in the absence of triable issues of fact, it is incumbent on the courts to decide summarily when it can do so appropriately." ( Matter of Estate of Birnbaum , 131 Misc 2d 925, 926-27 , [Sur Ct Monroe Cnty 1986] citing Andre v. Pomeroy, 35 NY2d 361 ).

2024As a prior judge of this court has held, "While the avoidance of the expense of a hearing on this less than monumental issue would be an expense that would pale into insignificance to the costs already incurred in this family/estate litigation, nevertheless where summary judgment is called for in the absence of triable issues of fact, it is incumbent on the courts to decide summarily when it can do so appropriately." ( Matter of Estate of Birnbaum , 131 Misc 2d 925, 926-27 , [Sur Ct Monroe Cnty 1986] citing Andre v. Pomeroy, 35 NY2d 361 ).

1991A claim for common-law indemnification includes attorney’s fees as an expense of the defense (see, Owens v Palm Tree Nursing Home, 89 AD2d 619 ; O’Dowd v American Sur.

1991Co., 2 AD2d 956 , revd on other grounds 3 NY2d 347; Greenwald v American Medcare Corp., 666 F Supp 489, 493 ).

1991Co., 2 AD2d 956 , revd on other grounds 3 NY2d 347; Greenwald v American Medcare Corp., 666 F Supp 489, 493 ).

1991Co., 2 AD2d 956 , revd on other grounds 3 NY2d 347; Greenwald v American Medcare Corp., 666 F Supp 489, 493 ).

1957Motion is granted upon condition that there be an open commission which will afford the plaintiff’s counsel an opportunity to orally cross-examine, the entire cost of which is to be borne by the defendant (Beder v. Beder, 260 App. Div. 1026 ); otherwise the motion is denied.

1935(Sheldon v. Carpenter, 4 N. Y. 579 ; Worden v. Davis, 195 id. 391.) It is true that the present action is not in form one for malicious prosecution or false imprisonment.