MATTER OF RHYTHM METHOD ENTERS., LTD. PPX ENTERS., INC.


235 A.D.2d 210 (1997)

___ N.Y.S.2d ___

In the Matter of the Dissolution of Rhythm Method Enterprises, Ltd. PPX Enterprises, Inc., Appellant; James H. Boxley et al., Respondents. (And Two Other Actions.)

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

January 7, 1997


Contrary to appellant's contention, the record fully supports the Referee's findings. Appellant's request for attorneys' fees was properly denied since the stipulation in issue did not provide for recovery thereof and the record does not support appellant's contention that respondents engaged in frivolous or contumacious conduct. The court also properly determined, without a hearing, that appellant is not entitled to share in the payment made to Ridenhour in settlement of...

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