Mitchell v. Austin

Appellate Division of the Supreme Court of New York

Mitchell v. Austin

3 A.D.2d 655, 159 N.Y.S.2d 678, 1957 N.Y. App. Div. LEXIS 6664

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

DecidedJanuary 22, 1957

StatusPublished

This text of 3 A.D.2d 655 (Mitchell v. Austin) 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

Mitchell v. Austin, 3 A.D.2d 655, 159 N.Y.S.2d 678, 1957 N.Y. App. Div. LEXIS 6664 (N.Y. Ct. App. 1957).

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Opinion

Judgment unanimously reversed and a new trial ordered as to the first cause of action, unless plaintiff stipulates to reduce the verdict to $390, in which event the judgment is modified accordingly, and further modified by reducing counsel fee to $250 on the third cause of action, and, as so modified, the judgment is affirmed. The finding of willful overcharge is not supported by the record and is not justified. The fixation of counsel fee was left to the court, and the amount now fixed is warranted by the record. Settle order on notice. Concur — Peek, P. J., Breitel, Botein, Valente and Bergan, JJ.

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Judgment unanimously reversed and a new trial ordered as to the first cause of action, unless plaintiff stipulates to reduce the verdict to $390, in which event the judgment is modified accordingly, and further modified by reducing counsel fee to $250 on the third cause of action, and, as so modified, the judgment is affirmed. The finding of willful overcharge is not supported by the record and is not justified. The fixation of counsel fee was left to the court, and the amount now fixed is warranted by the record. Settle order on notice. Concur — Peek, P. J., Breitel, Botein, Valente and Bergan, JJ.

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Bluebook (online)

3 A.D.2d 655, 159 N.Y.S.2d 678, 1957 N.Y. App. Div. LEXIS 6664, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mitchell-v-austin-nyappdiv-1957.