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  5. 106 A.D.2d 429 (1984)
 

HEMPSTEAD GEN. HOSP. v. ALLSTATE GEN. INS. CO.

106 A.D.2d 429 (1984)

Hempstead General Hospital, as Assignee of Frank Rinck, Respondent, v. Allstate General Insurance Company, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 10, 1984

Judgment reversed insofar as appealed from, on the law, with costs, and additional attorney's fees denied.

Counsel fees are not recoverable absent express statutory or contractual provision therefor (see, e.g., City of Buffalo v Clement Co., 28 N.Y.2d 241, 262-263; Equitable Lbr. Corp. v IPA Land Dev. Corp., 38 N.Y.2d 516). Recovery of attorney's fees in the instant case is authorized...

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