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ELLICOTT v. TAVERN

82 A.D.2d 748 (1981)

Rosemarie Ellicott, Respondent, v. Sloop Tavern, Appellant, et al., Defendants

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

June 11, 1981

It is apparent to us that plaintiff has not abandoned this action which, from the affidavit submitted, appears to have merit. In the circumstances, however, we believe that costs should have been imposed upon plaintiff's attorney, and we condition the denial of defendant's motion accordingly. (Neyra Y Alba v Pelham Foods, 46 A.D.2d 760; Newell v Lane, 45 A.D.2d 704

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