MURRAY v. KELLY


14 A.D.2d 528 (1961)

James Murray et al., Individually and as Members of Milk Drivers and Dairy Employees Local 584, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, on Behalf of Themselves and in Behalf of All Other Members of Milk Drivers and Dairy Employees Local 584, I. B. T. C. W. and H. of A., Similarly Situated, Respondents, and Harry Matinsky et al., Intervenors-Respondents, v. John Kelly, Individually and as President of Milk Drivers and Dairy Employees Local 584, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, et al., Appellants Jack Zipkin et al., Individually and as Members of Milk Drivers and Dairy Employees Local 584, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, on Behalf of Themselves and in Behalf of All Other Members of Said Local 584 Similarly Situated, Respondents, and John Cunningham et al., Intervenors-Respondents, v. David Kaplan, Individually and as Trustee of Milk Drivers and Dairy Employees Local 584, I. B. T. C. W. and H. of A., et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

July 6, 1961


[3825] Judgment, which among other things, granted counsel fees to the attorneys for plaintiffs and plaintiffs-intervenors, modified, on the law and on the facts and in the exercise of discretion, to the extent of reducing the fee awarded Joseph A. Teperson to $25,000 and that awarded Thomas C. O'Sullivan and Goldwater & Flynn to $15,000, with disbursements as allowed, and is otherwise affirmed, without costs.

It is not essential, to justify the allowance of counsel...

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