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POWERS v. VELASCO

232 A.D.2d 197 (1996)

648 N.Y.S.2d 14

Mary Powers, Appellant, v. Nehemias Velasco, as Executor of Oscar C. Soberano, Deceased, Respondent

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

October 3, 1996

The motion court properly declined to allow plaintiff to circumvent the final preclusion order and the resulting award of summary judgment dismissing her complaint seeking attorney's fees by disallowing the assertion of the fee claim as a setoff to defendant's counterclaim (see, Barrett v Kasco Constr. Co., 56 N.Y.2d 830). The "sui generis" determination under the "peculiar...

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