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JACK v. GEIHS

245 A.D.2d 1044 (1997)

666 N.Y.S.2d 67

Patricia A. Jack, Individually and as Parent and Natural Guardian of Christine R. Jack, Formerly an Infant, et al., Respondents, v. Elizabeth Geihs, Defendant, and Doris S. Pulcini, Individually and as Executor of Floyd J. Pulcini, Deceased, Appellant

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

December 31, 1997

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in imposing costs and attorney's fees of $500 pursuant to CPLR 8303-a. The record does not support a finding of bad faith on the part of the attorney for Doris S. Pulcini (defendant) and her decedent, Floyd J. Pulcini (see, CPLR 8303-a [c] [ii]; Lee v City of Rochester, 195 A.D.2d 1000

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