Medwin v. Galib

— Levine, J.

Appeal from an order of the Supreme Court (Cobb, J.), entered February 18, 1988 in Albany County, which, inter alla, granted defendant Niagara Mohawk Power Corporation’s motion for summary judgment dismissing the complaint against it.

This action for counsel fees arises out of an earlier litigation in which plaintiff represented defendants Paul E. Galib and Mary C. Galib in a suit instituted against the Galibs by the City of Albany. Paul E. Galib, an employee of defendant Niagara Mohawk Power Corporation (hereinafter NiMo), had given NiMo permission to deposit fill on property…