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GAIR, GAIR & CONASON v. STIER

123 A.D.2d 556 (1986)

Gair, Gair & Conason, P. C., as Successor to Gair, Gair & Conason, Respondent, v. Norman Stier et al., Appellants

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

October 14, 1986

The facts are set forth in the dissent. We do not agree that the stipulation is ambiguous as to whether the cost of appellate counsel was intended to be absorbed proportionately by outgoing counsel under the rubric of "legal costs". As stated in Matter of O'Brien (28 A.D.2d 1040): "The abundantly clear and long-recognized distinction between costs and counsel fees requires no discussion." That a blurring of this distinction is warranted...

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