Cohen v. Omotoso

Appellate Division of the Supreme Court of New York

Cohen v. Omotoso

54 A.D.2d 572, 387 N.Y.S.2d 135, 1976 N.Y. App. Div. LEXIS 13909

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 27, 1976

StatusPublished

This text of 54 A.D.2d 572 (Cohen v. Omotoso) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cohen v. Omotoso, 54 A.D.2d 572, 387 N.Y.S.2d 135, 1976 N.Y. App. Div. LEXIS 13909 (N.Y. Ct. App. 1976).

Pincite

Opinion

In a mortgage foreclosure action, the appeal is from so much of an order of the Supreme Court, Kings County, dated December 2, 1975, as, upon conditionally granting appellant’s motion, inter alia, to dismiss the complaint, awarded a $400 counsel fee to plaintiffs. Order reversed insofar as appealed from, with $50 costs and disbursements, and the provision awarding plaintiffs a counsel fee is deleted therefrom. The award of a counsel fee to plaintiffs was unwarranted and inconsistent with [573]*573the conditional granting of appellant’s motion to dismiss the complaint. Appellant, in effect the prevailing party, should be awarded costs in any final judgment to be entered hereon. Martuscello, Acting P. J., Latham, Margett, Rabin and Hawkins, JJ., concur.

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In a mortgage foreclosure action, the appeal is from so much of an order of the Supreme Court, Kings County, dated December 2, 1975, as, upon conditionally granting appellant’s motion, inter alia, to dismiss the complaint, awarded a $400 counsel fee to plaintiffs. Order reversed insofar as appealed from, with $50 costs and disbursements, and the provision awarding plaintiffs a counsel fee is deleted therefrom. The award of a counsel fee to plaintiffs was unwarranted and inconsistent with [573]*573the conditional granting of appellant’s motion to dismiss the complaint. Appellant, in effect the prevailing party, should be awarded costs in any final judgment to be entered hereon. Martuscello, Acting P. J., Latham, Margett, Rabin and Hawkins, JJ., concur.

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Bluebook (online)

54 A.D.2d 572, 387 N.Y.S.2d 135, 1976 N.Y. App. Div. LEXIS 13909, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cohen-v-omotoso-nyappdiv-1976.