ARMY & NAVY STORE v. BURKE


72 A.D.2d 171 (1980)

Brownie's Army & Navy Store, Inc., Respondent-Appellant, v. E. J. Burke, Jr., Inc., Appellant-Respondent

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

January 24, 1980


Attorney(s) appearing for the Case

Mahoney, Berg & Cornell (Donald T. Cook of counsel), for appellant-respondent.

Levitt, Bookbinder & Clark (Sanford L. Clark of counsel), for respondent-appellant.

CARDAMONE, J. P., SIMONS, SCHNEPP and DOERR, JJ., concur.


WITMER, J.

The principal questions presented on this appeal and cross appeal are whether the plaintiff may require the defendant to pay plaintiff's attorneys' fees or, alternatively, pay plaintiff's general litigation expenses under section 2-710 of the Uniform Commercial Code. We conclude that on the facts in this case plaintiff is not entitled to be recompensed under either theory.

Plaintiff was in...

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