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MATTER OF HOOKER AVE. DEP'T STORE, INC.

74 A.D.2d 873 (1980)

In the Matter of Hooker Avenue Department Store, Inc., Assignor. Warren Greher, Appellant

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

March 17, 1980

Order modified, on the facts, by adding thereto, immediately after the word "denied", the following: "except that an attorney's fee of $1,000 is awarded." As so modified, order affirmed, without costs or disbursements.

As new facts were presented in the papers supporting this motion, it was in reality a motion to renew, and the denial thereof is appealable (see Gold v Travelers Ins. Co., 263 App Div 817). After all...

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