NEW ENGLAND MUT. LIFE INS. CO. v. KELLY


137 A.D.2d 418 (1988)

New England Mutual Life Insurance Company v. Kelly

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

February 4, 1988


Motion to direct payment of a certain refund denied in its entirety.

Kupferman, J., dissents in a memorandum, as follows:

This matter is scarcely of great moment and unlikely to occur again, involving only $200, but, in law and equity, the defendant-appellant's motion should be granted.

The issue is the filing fee demanded by the Clerk of our court and paid by counsel for defendant-appellant, under protest.

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