Grasso v. Mathew
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtWeiss, P. J.
Appeal from an order of the Supreme Court (Doran, J.), entered April 8, 1991 in Schenectady County, which awarded defendant costs and counsel fees.
Plaintiff appeals an award of counsel fees and costs set by Supreme Court at $10,000 pursuant to CPLR 8303-a. The facts are reported in this Court’s prior decision (164 AD2d 476, lv dismissed 77 NY2d 940).
Plaintiff contends that he was denied due process when he was denied a full evidentiary hearing to calculate the amount of the award. We find a formal evidentiary hearing unnecessary where, as here, on notice of motion plaintiff had the…
2Cases cited7 opinions
- Minister, Elders & Deacons of the Reformed Protestant Dutch Church v. 198 Broadway, Inc.New York Court of Appeals · 1990
- Grasso v. MathewAppellate Division of the Supreme Court of the State of New York · 1991
- Harley v. DruzbaAppellate Division of the Supreme Court of the State of New York · 1991
- Patane v. GriffinAppellate Division of the Supreme Court of the State of New York · 1990
- Dellafiora v. DellafioraAppellate Division of the Supreme Court of the State of New York · 1991
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