Long Island Trust Co. v. Hopetronics, Ltd.

Appellate Division of the Supreme Court of New York

Long Island Trust Co. v. Hopetronics, Ltd.

52 A.D.2d 594, 382 N.Y.S.2d 296, 1976 N.Y. App. Div. LEXIS 12201

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

DecidedApril 12, 1976

StatusPublished

This text of 52 A.D.2d 594 (Long Island Trust Co. v. Hopetronics, Ltd.) 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

Long Island Trust Co. v. Hopetronics, Ltd., 52 A.D.2d 594, 382 N.Y.S.2d 296, 1976 N.Y. App. Div. LEXIS 12201 (N.Y. Ct. App. 1976).

Pincite

Opinion

In an action on promissory notes, defendants John E. Kobbe, Nicholas J. Russo and Vincent R. Ferrara appeal from (1) an order of the Supreme Court, Nassau County, entered June 13, 1975, which, inter alia, (a) granted plaintiff’s motion for summary judgment as against them and (b) severed the cause of action for attorney’s fees and directed a hearing with respect thereto and (2) a judgment of the same court, entered thereon, September 17, 1975, which judgment also contained an attorney’s fee in the sum of $10,000, which was fixed after a hearing held subsequent to the entry of the order. Order affirmed. Judgment modified, on the law, by reducing the award of attorney’s fees as follows: (1) as against defendant Ferrara, from $2,500 to $1,000, (2) as against defendant Russo, from $2,500 to $1,000, and (3) as against defendant Kobbe, from $5,000 to $2,000. As so modified, judgment affirmed. Plaintiff is awarded one bill of costs jointly against appellants appearing separately and filing separate briefs. The judgment was excessive to the extent indicated herein. Plaintiff may, however, move at Special Term, for additional attorney’s fees for services to be rendered in the future, if it be so advised. We have considered the other claims made on this appeal and find them to be without merit. There are no issues of fact to be resolved upon a trial. Hopkins, Acting P. J., Cohalan, Damiani, Christ and Titone, JJ., concur.

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In an action on promissory notes, defendants John E. Kobbe, Nicholas J. Russo and Vincent R. Ferrara appeal from (1) an order of the Supreme Court, Nassau County, entered June 13, 1975, which, inter alia, (a) granted plaintiff’s motion for summary judgment as against them and (b) severed the cause of action for attorney’s fees and directed a hearing with respect thereto and (2) a judgment of the same court, entered thereon, September 17, 1975, which judgment also contained an attorney’s fee in the sum of $10,000, which was fixed after a hearing held subsequent to the entry of the order. Order affirmed. Judgment modified, on the law, by reducing the award of attorney’s fees as follows: (1) as against defendant Ferrara, from $2,500 to $1,000, (2) as against defendant Russo, from $2,500 to $1,000, and (3) as against defendant Kobbe, from $5,000 to $2,000. As so modified, judgment affirmed. Plaintiff is awarded one bill of costs jointly against appellants appearing separately and filing separate briefs. The judgment was excessive to the extent indicated herein. Plaintiff may, however, move at Special Term, for additional attorney’s fees for services to be rendered in the future, if it be so advised. We have considered the other claims made on this appeal and find them to be without merit. There are no issues of fact to be resolved upon a trial. Hopkins, Acting P. J., Cohalan, Damiani, Christ and Titone, JJ., concur.

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Bluebook (online)

52 A.D.2d 594, 382 N.Y.S.2d 296, 1976 N.Y. App. Div. LEXIS 12201, Counsel Stack Legal Research, https://law.counselstack.com/opinion/long-island-trust-co-v-hopetronics-ltd-nyappdiv-1976.