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MATTER OF COUNTRY-WIDE INS. CO. v. BAY NEEDLE CARE ACUPUNCTURE, P.C.

Index No. 650424/16. Appeal No. 749. Case No. 2022-03570.

220 A.D.3d 461 (2023)

197 N.Y.S.3d 202

2023 NY Slip Op 05094

In the Matter of Country-Wide Insurance Company, Respondent, v. Bay Needle Care Acupuncture, P.C., As Assignee of Solange Thornhill, Appellant.

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

Decided October 10, 2023.

Attorney(s) appearing for the Case

Gary Tsirelman, P.C., Brooklyn ( Gary Tsirelman of counsel), for appellant.

Jaffe & Velazquez, LLP, New York ( Thomas Torto of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Gesmer, González, Kennedy, O'Neill Levy, JJ.

Order, Supreme Court, New York County (Lyle E. Frank, J.), entered August 3, 2022, which denied respondent Bay Needle Care Acupuncture, P.C.'s motion for attorney's fees, unanimously affirmed, with costs.

Supreme Court properly denied Bay Needle's motion seeking additional attorney's fees pursuant to 11 NYCRR 65-4.10(j) (4), because Bay Needle failed to provide any explanation for the lengthy delay in moving for such relief and failed to submit any proof of the fees...

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