Long Island Trust Co. v. Westbury Donuts, Inc.

Appellate Division of the Supreme Court of New York

Long Island Trust Co. v. Westbury Donuts, Inc.

94 A.D.2d 738, 462 N.Y.S.2d 490, 1983 N.Y. App. Div. LEXIS 18187

Appellate Division of the Supreme Court of the State of New York·Decided May 16, 1983·Published·Cited by 1 cases

Opinion

— In an action to recover on a promissory note, defendants Gloria Morrison, Bapajo, Ltd., and Donut Queen, Ltd., appeal, as limited by their brief, from so much of a judgment of the Supreme Court, Nassau County (Velsor, J.), dated June 14, 1982, as granted plaintiff a counsel fee in the sum of $12,500. Judgment modified, on the facts and as an exercise of discretion, by reducing the amount awarded as a counsel fee therein to $9,000. As so modified, judgment affirmed insofar as appealed from, without costs or disbursements. The award of counsel fees was excessive to the extent indicated. Damiani, J. P., Mangano, Gibbons and Gulotta, JJ., concur.

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— In an action to recover on a promissory note, defendants Gloria Morrison, Bapajo, Ltd., and Donut Queen, Ltd., appeal, as limited by their brief, from so much of a judgment of the Supreme Court, Nassau County (Velsor, J.), dated June 14, 1982, as granted plaintiff a counsel fee in the sum of $12,500. Judgment modified, on the facts and as an exercise of discretion, by reducing the amount awarded as a counsel fee therein to $9,000. As so modified, judgment affirmed insofar as appealed from, without costs or disbursements. The award of counsel fees was excessive to the extent indicated. Damiani, J. P., Mangano, Gibbons and Gulotta, JJ., concur.

Long Island Trust Co. v. Westbury Donuts, Inc., 94 A.D.2d 738, 462 N.Y.S.2d 490, 1983 N.Y. App. Div. LEXIS 18187 (N.Y. Ct. App. 1983).

Pincite

94 A.D.2d 738 (Long Island Trust Co. v. Westbury Donuts, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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