Legal Opinion

Nance v. Town of Oyster Bay

New York Supreme Court

Decided July 19, 1967PublishedCited by 7 opinions

1Opinion of the CourtBernard S. Meyer, J.

By this application the allowance of counsel fees and disbursements to plaintiff’s counsel in a taxpayer’s action brought pursuant to section 51 of the General Municipal Law is sought. The town resists the application on the law arid asks that the legal question be first determined, and that the matter be set for hearing if the legal question is determined adversely to its contention. The court holds that plaintiff is entitled to an award of counsel fee.

Chase v. City of Syracuse (34 Misc. 144, 145-146) stated the governing principle as follows:

“ The action was brought by Mr. Chase, not so…

2Cases cited8 opinions

  1. Sprague v. Ticonic National BankSupreme Court of the United States · 1939
  2. Trustees v. GreenoughSupreme Court of the United States · 1882
  3. Wetmore v. . ParkerNew York Court of Appeals · 1873
  4. Irving v. De KayNew York Court of Chancery · 1842
  5. Carrington v. CrockerNew York Court of Appeals · 1867

3 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Gerzof v. SweeneyNew York Court of Appeals · 1968
  2. Bowling v. BrownCourt of Special Appeals of Maryland · 1984
  3. Smith v. EdwardsCourt of Special Appeals of Maryland · 1980
  4. Huron Group, Inc. v. PatakiNew York Supreme Court · 2004
  5. New York Public Interest Research Group, Inc. v. CareyAppellate Division of the Supreme Court of the State of New York · 1977

2 more not listed; retrieve them via the Exa API.

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