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MICHAELS v. COOPER

245 A.D.2d 1103 (1997)

666 N.Y.S.2d 92

Jerry Michaels, Appellant, v. Virginia Cooper, Respondent

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

December 31, 1997

Order and judgment unanimously affirmed without costs.

Memorandum:

Supreme Court did not abuse its discretion in awarding statutory costs to defendant in the absence of proof that it "would not be equitable, under all of the circumstances" (CPLR 8101; see, Olmstead v Federated Dept. Stores, 208 A.D.2d 979, 982, lv denied 85 N.Y.2d 811; cf., Govern & McDowell v McDowell & Walker...

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