O'Neil v. Brooklyn Savings Bank

267 A.D. 317, 46 N.Y.S.2d 631, 1943 N.Y. App. Div. LEXIS 6038

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: December 21, 1943
• Status: Published

Opinions

Per Curiam.

We appreciate that the result of our decision may seem harsh. The harshness, however, is inherent in the legislation and in the decisions which have construed it. As was said in Rigopoulos v. Kervan (140 F. 2d 506): “ We see no escape from the statutory language.”

Under the circumstances of this case, however, especially in view of the small amount involved and that costs will be awarded to the plaintiff, we think a counsel fee of $100 for services heretofore rendered, in addition to a counsel fee of $50 for services rendered on this appeal, is fair and reasonable. The determination of the Appellate Term and the judgment entered thereon should be modified accordingly and, as so modified, affirmed, with costs of this appeal to the respondent.