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Velella v. Benedetto

57 N.Y.2d 788 Court N.Y. Decision date 1982-10-05 English

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p. 788
Guy J. Velella, Appellant-Respondent, v Michael R. Benedetto, Respondent-Appellant.
Argued September 7, 1982
decided October 5, 1982
p. 789
APPEARANCES OF COUNSEL
William F. Larkin and Abraham Friedman for appellant-respondent.
Alexander A. Delle Cese for respondent-appellant.
p. 790
OPINION OF THE COURT

Order affirmed, without costs, for the reasons stated in the opinion by Justice Leonard H. Sandler at the Appellate Division ( 83 AD2d 465 ) and because defendant as the prevailing party in that court was not entitled as a matter of law to an award of costs and disbursements (CPLR 8107).

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg and Meyer. Taking no part: Judge Gabrielli.

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