NORSTAR BANK OF LONG ISLAND v. STRADFORD


125 A.D.2d 298 (1986)

Norstar Bank of Long Island, Appellant, v. Rudolph T. Stradford et al., Respondents, et al., Defendant

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

December 1, 1986


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the respondents' motion which was for an award of counsel fees is denied.

In the absence of some specific statutory authority or contractual provision, counsel fees are merely incidents of litigation which are not compensable or recoverable (see, Matter of Green [Potter], 51 N.Y.2d 627

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