Merriman v. Nemith Motor Corp.

Appellate Division of the Supreme Court of New York

Merriman v. Nemith Motor Corp.

114 A.D.2d 628, 494 N.Y.S.2d 845, 1985 N.Y. App. Div. LEXIS 53316

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

DecidedOctober 17, 1985

StatusPublished

This text of 114 A.D.2d 628 (Merriman v. Nemith Motor Corp.) 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

Merriman v. Nemith Motor Corp., 114 A.D.2d 628, 494 N.Y.S.2d 845, 1985 N.Y. App. Div. LEXIS 53316 (N.Y. Ct. App. 1985).

Pincite

Opinion

Kane, J. P.

Cross appeals from an order of the Supreme Court at Special Term (Cholakis, J.), entered March 5, 1985 in Albany County, which partially granted plaintiffs motion for a protective order.

Upon review of the record, we conclude that Special Term’s decision on the merits of plaintiffs motion for protective order should not be disturbed. We, however, reverse that portion of the order which directed defendant to pay "counsel fees of the attorneys for the plaintiff’. Plaintiff did not request such relief and we find no basis for such an award.

Order modified, on the law and the facts, without costs, by reversing so much thereof as ordered defendant to pay plajptiffs counsel fees, and, as so modified, affirmed. Kane, J. Main, Weiss, Yesawich, Jr., and Harvey, JJ., concur.

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Kane, J. P.

Cross appeals from an order of the Supreme Court at Special Term (Cholakis, J.), entered March 5, 1985 in Albany County, which partially granted plaintiffs motion for a protective order.

Upon review of the record, we conclude that Special Term’s decision on the merits of plaintiffs motion for protective order should not be disturbed. We, however, reverse that portion of the order which directed defendant to pay "counsel fees of the attorneys for the plaintiff’. Plaintiff did not request such relief and we find no basis for such an award.

Order modified, on the law and the facts, without costs, by reversing so much thereof as ordered defendant to pay plajptiffs counsel fees, and, as so modified, affirmed. Kane, J. Main, Weiss, Yesawich, Jr., and Harvey, JJ., concur.

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Bluebook (online)

114 A.D.2d 628, 494 N.Y.S.2d 845, 1985 N.Y. App. Div. LEXIS 53316, Counsel Stack Legal Research, https://law.counselstack.com/opinion/merriman-v-nemith-motor-corp-nyappdiv-1985.