EUROPEAN AM. BANK & TRUST CO. v. CERULLO


193 A.D.2d 777 (1993)

598 N.Y.S.2d 995

European American Bank & Trust Company, Appellant, v. Patricia Cerullo et al., Respondents

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

May 24, 1993


Ordered that the order is affirmed, without costs or disbursements.

The Supreme Court did not improvidently exercise its discretion in conditioning the granting of the plaintiff's application to file a note of issue upon the payment of $1,000 by the plaintiff's counsel to the Lawyers' Fund for Client Protection of the State of New York (see, Heit v Heit, 189 A.D.2d 802). In granting this application, the court vacated...

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