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NICOLETTI GONSON SPINNER & OWEN LLP v. YORK CLAIMS SERVICE, INC.

62 A.D.3d 614 (2009)

879 N.Y.S.2d 447

NICOLETTI GONSON SPINNER & OWEN LLP, Formerly Known as NICOLETTI GONSON & SPINNER, Respondent, v. YORK CLAIMS SERVICE, INC., Defendant and Third-Party Plaintiff-Appellant. COLONIAL COOPERATIVE INSURANCE COMPANY, Third-Party Defendant-Respondent, et al., Third-Party Defendant.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 28, 2009.

In light of third-party defendant Colonial's satisfaction of the judgment, defendant York lacks a significant ground for vindication on appeal with regard to its liability for fees owed to plaintiff or its right to indemnification from Colonial. Were we to address the merits, we would find that plaintiff submitted its bills and York failed to raise any timely protest (see Tunick v Shaw, 45 A.D.3d 145

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