CITIBANK v. GALOR CONSTR. CO., INC.


60 A.D.2d 667 (1977)

Citibank (New York State) N. A., Respondent, v. Galor Construction Co., Inc., et al., Appellants

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

December 1, 1977


We agree with Special Term that defendants' affidavits fail to raise triable issues of fact and, therefore, we affirm so much of the order and judgment that awarded plaintiff $50,000, with interest. We believe, however, that Special Term's award of attorneys' fees was improvident. Attorneys' fees are recoverable only when authorized by statute or contract (Equitable Lbr. Corp. v IPA Land Dev. Corp., 38 N.Y.2d 516, 519; City of...

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