BITTNER v. TOWN OF UNION VALE


72 A.D.2d 574 (1979)

Frederick Bittner, Jr., Appellant, v. Town of Union Vale, Respondent

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

October 22, 1979


Order reversed, on the law, with $50 costs and disbursements, plaintiff is granted summary judgment on the issue of defendant's liability and the action is remitted to Special Term for an assessment of damages, if any.

Plaintiff seeks attorney's fees for his successful representation of defendant against a zoning challenge. Plaintiff claims that he is entitled to summary judgment because defendant had previously admitted that he had represented it in the action and...

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