Banat v. Passalaqua

— In an action to recover damages for alleged fraud and perjury in a prior civil proceeding, the defendant appeals from so much of an order of the Supreme Court, Kings County (Lodato, J.), dated August 24, 1987, as denied that branch of her motion which sought a $10,000 award for costs and reasonable attorney fees, pursuant to CPLR 8303 (a).

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

*707The court did not err in denying the defendant’s application for an award in the sum of $10,000 for costs and reasonable attorney fees, pursuant to CPLR 8303-a.…