CARUCCI v. CITY OF UTICA


60 A.D.2d 747 (1977)

Angelo Carucci, Appellant-Respondent, v. City of Utica et al., Respondents, and B & B Sanitation, Respondent-Appellant

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

December 9, 1977


Judgment and order unanimously modified, on the law, in accordance with memorandum and, as modified, affirmed, without costs. Motions made upon argument of appeal denied as moot.

Memorandum:

Special Term ordered that respondent B & B Sanitation, Inc., pay counsel fees in the amount of $6,500 to petitioner. The award was presumably based on petitioner's claim that his efforts had created a fund for the City of Utica, out of which such fees could be awarded...

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