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BANAT v. PASSALAQUA

142 A.D.2d 706 (1988)

Robert Banat, Individually and Doing Business as Ridge Alarm Company, Respondent, v. Gerry Passalaqua, Also Known as Jerry Passalaqua, Individually and Doing Business as Pretty Baby Boutique, Appellant

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

July 25, 1988

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The court did not err in denying the defendant's application for an award in the sum of $10,000 for costs and reasonable attorney fees, pursuant to CPLR 8303-a. Neither CPLR 8303-a as initially enacted (see, L 1985, ch 294, § 10) nor as subsequently amended (see, L 1986, ch 220, § 35; ch 485, § 11) authorizes...

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