Hirschberg v. Hirschberg

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered July 23, 2007, which granted defendant’s motion for summary judgment dismissing the complaint and for attorneys’ fees and denied plaintiffs cross motion to amend his pleadings, to void the stipulation of settlement, and for attorneys’ fees, unanimously modified, on the law, to deny that portion of defendant’s motion that sought attorneys’ fees, and otherwise affirmed, with costs in favor of defendant.

*378Even assuming defendant failed to cooperate with plaintiff in executing the documents necessary for plaintiff to obtain a…