On March 11, 2020 a
Letter,Correspondence
was filed
involving a dispute between
Barbara U. Collyer,
Frank F. And Barbara U. Collyer, Iii Revocable Inter Vivos Trust,
and
Cfcu Community Credit Union,
Danielle M. Lavigne,
New York Centraul Mutual Fire Insurance Company,
Town Of Lansing,
for Torts - Other (equitable)
in the District Court of Tompkins County.
Preview
FILED: TOMPKINS COUNTY CLERK 11/10/2020 12:37 PM INDEX NO. EF2020-0162
NYSCEF DOC. NO. 122 RECEIVED NYSCEF: 11/10/2020
CI2020-16279 Index # : EF2020-0162
R U P P 1600 Liberty Building, 424 Main Street, Buffalo, NY 14202
716.854.3400 4 ruppbaase.com
BA AS E
P FA L Z G R A F
C U N N ING H AM LLc MARCO CERCONE
A T T O R N EY S cercone@ruppbaase.com
November 10, 2020
VIA NYSCEF
Hon. Joseph A. McBride, J.S.C.
Tompkins County Supreme Court
320 North Tioga Street
Ithaca, New York 14850
Dear Justice McBride:
Re: Barbara U Collyer et al. v. Danielle M LaVigne et al.
Index No.: EF2020-0162
Our File No.: 0005.2407 _
Please allow this correspondence to serve as a response to co-defendant
Danielle LaVigne's counsel's correspondence filed November 2, 2020 on behalf of New York Central
Mutual Fire Insurance Company ("NYCM").
attorneys'
Regarding Mr. Lama's request for fees in this action, please refer to
NYCM's memorandum of law in opposition to co-defendant Danielle LaVigne's motion forpartial
summary judgment dated October 28, 2020, Point IV. In sum, under New York law, an insured
attorneys'
cannot recover fees, costs, disbursement, and litigation expenses in connection with
bringing an affirmative lawsuit against an insurer to settle his or her rights under the insurance
contract. Mr. Lama has come forward with no factual allegations that would warrant a deviation from
this standard other than his own self-serving claims that the circumstances of the loss at issue
somehow are NYCM's fault.
attorneys'
Despite Mr. Lama's claims, his request for fees is an attempt to have
NYCM 1611ubut ae 111u1 fo1top1oaouting a oliout vvlioin 11o 11aa 1opicaouted fo1 1uu10 ilian fou1 y co1aand
claims is without funds. Yet, NYCM was not involved with the various lawsuits that predate this
action. Mr. Lama filed his client's motion for partial summary judgment under his own accord and
failed to attach adillissible evidence to substantiate his claims. NYCM opposed Mr. Lama's requests
for relief and put forth evidence illustrating there remains triable issues of fact as to his client's losses
and her ultimate role in the loss itself. Further, NYCM has asserted various policy defenses in its
verified answer that have not been waived.
Rochester | Williamsville | Saratoga Springs | Jamestown
FILED: TOMPKINS COUNTY CLERK 11/10/2020 12:37 PM INDEX NO. EF2020-0162
NYSCEF DOC. NO. 122 RECEIVED NYSCEF: 11/10/2020
CI2020-16279 Index#:EF2020-0162
RUPP BAASE PFALZGRAF CUNNINGHAM LLC
Hon. Joseph A. McBride
November 10, 2020
Page 2
For the reasons set forth above and in NYCM's memorandum of law in opposition to
co-defendant Danielle LaVigne's motion for partial summary judgment dated October 28, 2020,
attorneys'
Point IV, Mr. Lama's request for fees should be denied itits entirety. NYCM expressly
reserves any and allof itsrights and defenses with respect to this claim, and itwill not waive itsrights
or defenses under any circumstances.
Thank you for your attention to thismatter.
Respectfully submitted,
Marco Cercone
Document Filed Date
November 10, 2020
Case Filing Date
March 11, 2020
Category
Torts - Other (equitable)
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FILED: TOMPKINS COUNTY CLERK 11/10/2020 12:37 PM INDEX NO. EF2020-0162 NYSCEF DOC. NO. 122 RECEIVED NYSCEF: 11/10/2020 CI2020-16279 Index # : EF2020-0162 R U P P 1600 Liberty Building, 424 Main Street, Buffalo, NY 14202 716.854.3400 4 ruppbaase.com BA AS E P FA L Z G R A F C U N N ING H AM LLc MARCO CERCONE A T T O R N EY S cercone@ruppbaase.com November 10, 2020 VIA NYSCEF Hon. Joseph A. McBride, J.S.C. Tompkins County Supreme Court 320 North Tioga Street Ithaca, New York 14850 Dear Justice McBride: Re: Barbara U Collyer et al. v. Danielle M LaVigne et al. Index No.: EF2020-0162 Our File No.: 0005.2407 _ Please allow this correspondence to serve as a response to co-defendant Danielle LaVigne's counsel's correspondence filed November 2, 2020 on behalf of New York Central Mutual Fire Insurance Company ("NYCM"). attorneys' Regarding Mr. Lama's request for fees in this action, please refer to NYCM's memorandum of law in opposition to co-defendant Danielle LaVigne's motion forpartial summary judgment dated October 28, 2020, Point IV. In sum, under New York law, an insured attorneys' cannot recover fees, costs, disbursement, and litigation expenses in connection with bringing an affirmative lawsuit against an insurer to settle his or her rights under the insurance contract. Mr. Lama has come forward with no factual allegations that would warrant a deviation from this standard other than his own self-serving claims that the circumstances of the loss at issue somehow are NYCM's fault. attorneys' Despite Mr. Lama's claims, his request for fees is an attempt to have NYCM 1611ubut ae 111u1 fo1top1oaouting a oliout vvlioin 11o 11aa 1opicaouted fo1 1uu10 ilian fou1 y co1aand claims is without funds. Yet, NYCM was not involved with the various lawsuits that predate this action. Mr. Lama filed his client's motion for partial summary judgment under his own accord and failed to attach adillissible evidence to substantiate his claims. NYCM opposed Mr. Lama's requests for relief and put forth evidence illustrating there remains triable issues of fact as to his client's losses and her ultimate role in the loss itself. Further, NYCM has asserted various policy defenses in its verified answer that have not been waived. Rochester | Williamsville | Saratoga Springs | Jamestown FILED: TOMPKINS COUNTY CLERK 11/10/2020 12:37 PM INDEX NO. EF2020-0162 NYSCEF DOC. NO. 122 RECEIVED NYSCEF: 11/10/2020 CI2020-16279 Index#:EF2020-0162 RUPP BAASE PFALZGRAF CUNNINGHAM LLC Hon. Joseph A. McBride November 10, 2020 Page 2 For the reasons set forth above and in NYCM's memorandum of law in opposition to co-defendant Danielle LaVigne's motion for partial summary judgment dated October 28, 2020, attorneys' Point IV, Mr. Lama's request for fees should be denied itits entirety. NYCM expressly reserves any and allof itsrights and defenses with respect to this claim, and itwill not waive itsrights or defenses under any circumstances. Thank you for your attention to thismatter. Respectfully submitted, Marco Cercone