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Town Board of Town of Ellicott v. Lee

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 3, 1997
241 A.D.2d 958 (N.Y. App. Div. 1997)

Opinion

July 3, 1997

Appeal from the Supreme Court, Chautauqua County, Ward, J.

Present — Pine, J. P., Lawton, Callahan, Doerr and Balio, JJ.


The court properly dismissed defendants' counterclaim seeking attorney's fees for the maintenance of a frivolous action. There is no such cause of action for that relief. Thus, we modify the judgment by denying plaintiffs' motion for summary judgment except insofar as it seeks dismissal of the counterclaim and by vacating the permanent injunction. (Appeal from Judgment of Supreme Court, Chautauqua County, Ward, J. — Summary Judgment.)


Summaries of

Town Board of Town of Ellicott v. Lee

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 3, 1997
241 A.D.2d 958 (N.Y. App. Div. 1997)
Case details for

Town Board of Town of Ellicott v. Lee

Case Details

Full title:TOWN BOARD OF TOWN OF ELLICOTT et al., Respondents, v. E. DENNIS LEE, Also…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jul 3, 1997

Citations

241 A.D.2d 958 (N.Y. App. Div. 1997)
661 N.Y.S.2d 384

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