Legal Opinion
Citibank (New York State) N. A. v. Galor Construction Co.
Appellate Division of the Supreme Court of the State of New York
Decided December 1, 1977PublishedCited by 5 opinions
1Opinion of the Court
Appeal (1) from an order of the Supreme Court at Special Term, entered April 28, 1977 in Albany County, which granted plaintiff’s motion for summary judgment in the amount of $58,328.76, and (2) from the judgment entered thereon. We agree with Special Term that defendants’ affidavits fail to raise triable issues of fact and, therefore, we affirm so much of the order and judgment that awarded plaintiff $50,000, with interest. We believe, however, that Special Term’s award of attorneys’ fees was improvident. Attorneys’ fees are recoverable only when authorized by statute or contract (Equitable…
2Cases cited5 opinions
- City of Buffalo v. J. W. Clement Co.New York Court of Appeals · 1971
- Equitable Lumber Corp. v. IPA Land Development Corp.New York Court of Appeals · 1976
- Wesselman v. Engel Co.New York Court of Appeals · 1955
- Robbins v. Melbrook Realty Co.New York Supreme Court · 1961
- Brod v. Central School District No. 1Appellate Division of the Supreme Court of the State of New York · 1976
3Cited by5 opinions
- Barber Blue Sea v. Trailer Marine Transport Corp.District Court, S.D. Florida · 1989
- I.F.C. Personal Money Managers, Inc. v. VadneyNew York Supreme Court · 1986
- Bohack Corp. v. Luigi Goldstein, Inc. (In re Bohack Corp.)District Court, E.D. New York · 1980
- Wanken v. Allstate InsuranceNew York Supreme Court · 1981
- Jedon Corp. v. Industrial Paint ServicesAppellate Division of the Supreme Court of the State of New York · 2006