Marine Midland Bank, N.A. v. Serge

Appellate Division of the Supreme Court of New York

Marine Midland Bank, N.A. v. Serge

169 A.D.2d 868, 565 N.Y.S.2d 742, 1991 N.Y. App. Div. LEXIS 27

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

DecidedJanuary 3, 1991

StatusPublished

This text of 169 A.D.2d 868 (Marine Midland Bank, N.A. v. Serge) 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.

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Marine Midland Bank, N.A. v. Serge, 169 A.D.2d 868, 565 N.Y.S.2d 742, 1991 N.Y. App. Div. LEXIS 27 (N.Y. Ct. App. 1991).

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Opinion

Appeals (1) from an order of the Supreme Court (Cheeseman, J.), entered May 10, 1990 in Albany County, which granted plaintiffs motion for, inter alia, summary judgment, and (2) from the judgment entered thereon.

Even if the question of the reasonableness of the award of counsel fees was properly preserved for appellate review, we reject any claim of error. The request for counsel fees was well documented and, considering the record in its entirety, there is ample evidence to sustain the conclusion that the fees were reasonable (see, Smith v Ellenville Natl. Bank, 60 AD2d 931; see also, Giblin v Murphy, 125 AD2d 884, appeal dismissed 62 NY2d 605).

Order and judgment affirmed, with costs. Mahoney, P. J., Casey, Weiss, Mercure and Harvey, JJ., concur.

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Appeals (1) from an order of the Supreme Court (Cheeseman, J.), entered May 10, 1990 in Albany County, which granted plaintiffs motion for, inter alia, summary judgment, and (2) from the judgment entered thereon.

Even if the question of the reasonableness of the award of counsel fees was properly preserved for appellate review, we reject any claim of error. The request for counsel fees was well documented and, considering the record in its entirety, there is ample evidence to sustain the conclusion that the fees were reasonable (see, Smith v Ellenville Natl. Bank, 60 AD2d 931; see also, Giblin v Murphy, 125 AD2d 884, appeal dismissed 62 NY2d 605).

Order and judgment affirmed, with costs. Mahoney, P. J., Casey, Weiss, Mercure and Harvey, JJ., concur.

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169 A.D.2d 868, 565 N.Y.S.2d 742, 1991 N.Y. App. Div. LEXIS 27, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marine-midland-bank-na-v-serge-nyappdiv-1991.

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