State v. Benjamin

Appellate Division of the Supreme Court of New York

State v. Benjamin

90 A.D.2d 914, 456 N.Y.S.2d 877, 1982 N.Y. App. Div. LEXIS 19191

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

DecidedNovember 18, 1982

StatusPublished

Cited by2 cases

This text of 90 A.D.2d 914 (State v. Benjamin) 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

State v. Benjamin, 90 A.D.2d 914, 456 N.Y.S.2d 877, 1982 N.Y. App. Div. LEXIS 19191 (N.Y. Ct. App. 1982).

Pincite

Opinion

Appeal from an order of the Supreme Court at Special Term (Hughes, J.), entered February 18,1982 in Albany County, which granted plaintiff’s motion for summary judgment as to liability and directed trial on the issue of damages. This is an action to recover $246.88 plus attorney’s fees alleged to be the balance unpaid on a promissory note for $650 evidencing a student loan. Defendant contends that he owes only $121.88, and that his tender of said sum was rejected. Special Term granted plaintiff’s motion for summary judgment only on the issue of liability and ordered a trial on damages and on the issue of plaintiff’s right to attorney’s fees. Defendant has appealed. Since defendant admits liability, there must be an affirmance with a trial to determine the issues of damages and plaintiff’s right to attorney’s fees (see Equitable Lbr. Corp. v IPA Land Dev. Corp., 38 NY2d 516). Although the notice of appeal states that this appeal is from a letter decision, plaintiff’s motion to dismiss because no appeal lies from a decision is denied. We treat the notice of appeal as valid in the interest of justice (CPLR 5520, subd [c]; People ex rel. Breedan v Zelker, 41 AD2d 669). Order affirmed, without costs. Sweeney, J. P., Mikoll, Yesawich, Jr., Weiss and Levine, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal from an order of the Supreme Court at Special Term (Hughes, J.), entered February 18,1982 in Albany County, which granted plaintiff’s motion for summary judgment as to liability and directed trial on the issue of damages. This is an action to recover $246.88 plus attorney’s fees alleged to be the balance unpaid on a promissory note for $650 evidencing a student loan. Defendant contends that he owes only $121.88, and that his tender of said sum was rejected. Special Term granted plaintiff’s motion for summary judgment only on the issue of liability and ordered a trial on damages and on the issue of plaintiff’s right to attorney’s fees. Defendant has appealed. Since defendant admits liability, there must be an affirmance with a trial to determine the issues of damages and plaintiff’s right to attorney’s fees (see Equitable Lbr. Corp. v IPA Land Dev. Corp., 38 NY2d 516). Although the notice of appeal states that this appeal is from a letter decision, plaintiff’s motion to dismiss because no appeal lies from a decision is denied. We treat the notice of appeal as valid in the interest of justice (CPLR 5520, subd [c]; People ex rel. Breedan v Zelker, 41 AD2d 669). Order affirmed, without costs. Sweeney, J. P., Mikoll, Yesawich, Jr., Weiss and Levine, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

90 A.D.2d 914, 456 N.Y.S.2d 877, 1982 N.Y. App. Div. LEXIS 19191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-benjamin-nyappdiv-1982.

Opinion

Related

Cite This Page — Counsel Stack