Legal Opinion

Carroll v. Miller

Appellate Division of the Supreme Court of the State of New York

Decided March 29, 1995PublishedCited by 3 opinions

1Opinion of the Court

—In an action for declaratory and injunctive relief, the plaintiffs appeal, as limited by their brief, from so much of a judgment of the Supreme Court, Queens County (Durante, J.), entered August 10, 1993, as, upon granting the motion of the defendant Ruth Miller pursuant to CPLR 5015 for restitution, is in favor of her and against them in the principal sum of $31,720.17 and the defendant Ruth Miller cross-appeals from so much of the judgment as awarded her interest at a rate of only 16% per annum and failed to award her attorney’s fees.

Ordered that the judgment is modified, on the law, by…

2Cases cited4 opinions

  1. Merriam v. Wood & Parker Lithographing Co.New York Court of Appeals · 1898
  2. Stahl v. NorwichAppellate Division of the Supreme Court of the State of New York · 1923
  3. Jeferne, Inc. v. CapanegroAppellate Division of the Supreme Court of the State of New York · 1983
  4. Carroll v. MillerAppellate Division of the Supreme Court of the State of New York · 1990

3Cited by3 opinions

  1. Green Point Savings Bank v. TornheimAppellate Division of the Supreme Court of the State of New York · 1999
  2. G.P.K. Restaurant Enterprises, Inc. v. ParavalosAppellate Division of the Supreme Court of the State of New York · 1998
  3. Schildkraut v. SchildkrautAppellate Division of the Supreme Court of the State of New York · 1997

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