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NATIONAL UNION FIRE INS. CO. OF PITTSBURGH, PA v. ODYSSEY REINSURANCE CO.

2052N, 162684/14, 651067/15.

143 A.D.3d 626 (2016)

2016 NY Slip Op 06988

39 N.Y.S.3d 465

NATIONAL UNION FIRE INSURANCE CO. OF PITTSBURGH, PA, Respondent, v. ODYSSEY REINSURANCE COMPANY, Appellant. (And Another Proceeding.).

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

Decided October 25, 2016.

In the absence of a statute, agreement between the parties or court rule, the court was without authority to award petitioner legal fees (see Matter of A.G. Ship Maintenance Corp. v Lezak, 69 N.Y.2d 1, 5-6 [1986]; Gotham Partners, L.P. v High Riv. Ltd. Partnership, 76 A.D.3d 203 [1st Dept 2010], lv denied 17 N.Y.3d 713 [2011]).

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