Bromberg v. Morton V. Ellish, Inc.

Appellate Division of the Supreme Court of New York

Bromberg v. Morton V. Ellish, Inc.

107 A.D.2d 778, 485 N.Y.S.2d 508, 1985 N.Y. App. Div. LEXIS 42703

Appellate Division of the Supreme Court of the State of New York·Decided January 28, 1985·Published·Cited by 2 cases

Opinion

— In an action, inter alia, to declare that plaintiffs have littoral rights to a certain lake, defendants appeal from an order of the Supreme Court, Rockland County (Stolarik, J.), entered April 19, 1983, which, after a hearing, denied their motion pursuant to CPLR 6514 (subd [c]) for an award of costs and expenses.

Order affirmed, with costs.

[779]*779Upon a review of the record, we find that the court did not abuse its discretion in denying defendants’ motion (CPLR 6514, subd [c]) for costs and expenses occasioned by the filing by plaintiffs, and subsequent cancellation by the court, of a notice of pendency. Thompson, J. P., Bracken, Brown and Rubin, JJ., concur.

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— In an action, inter alia, to declare that plaintiffs have littoral rights to a certain lake, defendants appeal from an order of the Supreme Court, Rockland County (Stolarik, J.), entered April 19, 1983, which, after a hearing, denied their motion pursuant to CPLR 6514 (subd [c]) for an award of costs and expenses.

Order affirmed, with costs.

[779]*779Upon a review of the record, we find that the court did not abuse its discretion in denying defendants’ motion (CPLR 6514, subd [c]) for costs and expenses occasioned by the filing by plaintiffs, and subsequent cancellation by the court, of a notice of pendency. Thompson, J. P., Bracken, Brown and Rubin, JJ., concur.

Bromberg v. Morton V. Ellish, Inc., 107 A.D.2d 778, 485 N.Y.S.2d 508, 1985 N.Y. App. Div. LEXIS 42703 (N.Y. Ct. App. 1985).

Pincite

107 A.D.2d 778 (Bromberg v. Morton V. Ellish, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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