Millman v. Brownlee

In an action, inter alia, to rescind two contracts of sale and a deed, the defendants appeal, as limited *222by their brief, from stated portions of an order and judgment (one paper) of the Supreme Court, Westchester County (Dachenhausen, J.), entered March 20, 1987, which, inter alia, rescinded the conveyance and awarded counsel fees to the plaintiff, after a nonjury trial.

Ordered that the order and judgment is modified, on the law, by deleting the provision thereof which awarded the plaintiff "the sum of $17,500.00 as and for plaintiff’s expenses, counsel fees”; as so modified, the order and…