Marzullo v. General Motors Corp.

In an action to recover damages pursuant to General Business Law § 198-a, the plaintiff appeals from so much of a judgment of the Supreme Court, Dutchess County (Pagones, J.), dated May 7, 2003, as denied her an award of a statutory attorney’s fee.

Ordered that the judgment is reversed insofar as appealed from, on the law, with costs, and the matter is remitted to the Supreme Court, Dutchess County, for further proceedings in accordance herewith.

The record does not support a finding that the plaintiff abandoned or waived her request for an award of a statutory attorney’s fee (see General…