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ROBSON & WOESE, INC. v. VILL. OF PAINTED POST

77 A.D.2d 792 (1980)

Robson & Woese, Inc., Respondent, v. Village of Painted Post et al., Appellants

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

July 10, 1980

Order unanimously reversed, with costs, and defendants' motion for summary judgment granted.

Memorandum:

In the absence of a sufficient cause of action against a defendant for tortious acts requiring plaintiff to defend a specious action, legal expenses incurred in such defense are not recoverable (City of Buffalo v Clement Co., 28 N.Y.2d 241, 262-263; Central Trust Co., Rochester v Goldman,

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