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MATTER OF McCRUDDEN v. PUTNAM VALLEY CENTRAL SCHOOL DISTRICT

2010-08609.

88 A.D.3d 721 (2011)

930 N.Y.S.2d 879

2011 NY Slip Op 7054

In the Matter of EILEEN McCRUDDEN, on Behalf of ERIN McCRUDDEN, an Infant, Respondent, v. PUTNAM VALLEY CENTRAL SCHOOL DISTRICT, Appellant.

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

Decided October 4, 2011.

Ordered that the money judgment is reversed, on the law, without costs or disbursements.

Since an award of an attorney's fee was not authorized by an agreement between the parties, by statute, or by Court rule, the Supreme Court improperly awarded an attorney's fee to the petitioner (see U.S. Underwriters Ins. Co. v City Club Hotel, LLC, 3 N.Y.3d 592 [2004]; Hooper Assoc. v AGS Computers, 74 N.Y.2d...

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