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N. V. MADISON v. SAURWEIN

103 Misc.2d 996 (1980)

N. V. Madison, Inc., Respondent, v. Annette S. Saurwein, Appellant.

Supreme Court, Appellate Term, First Department.

June 5, 1980.

Attorney(s) appearing for the Case

Leight & Weinstein (Solomon Weinstein of counsel), for appellant. Swartz, Stark, Amron & Haberman (Howard C. Amron of counsel), for respondent.

Concur: HUGHES, J. P., RICCOBONO and ASCH, JJ.

Per Curiam.

Final judgment entered December 26, 1979 (NASON, J.) modified to the extent of reversing so much thereof as dismissed tenant's counterclaim for legal fees; the tenant's counterclaim for legal fees is reinstated, judgment upon the issue of liability upon the counterclaim is awarded in favor of the tenant, and the matter is remitted to the court below for an assessment of damages due under the counterclaim...

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