Michaels v. Cooper

Appellate Division of the Supreme Court of New York

Michaels v. Cooper

245 A.D.2d 1103, 666 N.Y.S.2d 92, 1997 N.Y. App. Div. LEXIS 13898

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

DecidedDecember 31, 1997

StatusPublished

Cited by1 cases

This text of 245 A.D.2d 1103 (Michaels v. Cooper) 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

Michaels v. Cooper, 245 A.D.2d 1103, 666 N.Y.S.2d 92, 1997 N.Y. App. Div. LEXIS 13898 (N.Y. Ct. App. 1997).

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Opinion

—Order and judgment unanimously affirmed without costs. Memorandum: Supreme Court did not abuse its discretion in awarding statutory costs to defendant in the absence of proof that it “would not be equitable, under all of the circumstances” (CPLR 8101; see, Olmstead v Federated Dept. Stores, 208 AD2d 979, 982, lv denied 85 NY2d 811; cf., Govern & McDowell v McDowell & Walker, 75 AD2d 979, 980). Although neither party recovered from the other, defendant is considered the prevailing party and is entitled to costs (see, Graybill v Van Dyne, 67 Misc 2d 228; 14 Weinstein-KornMiller, NY Civ Prac jj 8101.15, at 81-20). (Appeal from Order and Judgment of Supreme Court, Monroe County, Frazee, J.— Costs.) Present—Pine, J. P., Hayes, Wisner, Balio and Fallon, JJ.

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—Order and judgment unanimously affirmed without costs. Memorandum: Supreme Court did not abuse its discretion in awarding statutory costs to defendant in the absence of proof that it “would not be equitable, under all of the circumstances” (CPLR 8101; see, Olmstead v Federated Dept. Stores, 208 AD2d 979, 982, lv denied 85 NY2d 811; cf., Govern & McDowell v McDowell & Walker, 75 AD2d 979, 980). Although neither party recovered from the other, defendant is considered the prevailing party and is entitled to costs (see, Graybill v Van Dyne, 67 Misc 2d 228; 14 Weinstein-KornMiller, NY Civ Prac jj 8101.15, at 81-20). (Appeal from Order and Judgment of Supreme Court, Monroe County, Frazee, J.— Costs.) Present—Pine, J. P., Hayes, Wisner, Balio and Fallon, JJ.

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Bluebook (online)

245 A.D.2d 1103, 666 N.Y.S.2d 92, 1997 N.Y. App. Div. LEXIS 13898, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michaels-v-cooper-nyappdiv-1997.

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