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CALCE v. FUTTERMAN

235 A.D.2d 343 (1997)

653 N.Y.S.2d 7

Alfonso Calce et al., Appellants, v. Stella Futterman et al., Respondents

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

January 28, 1997

The facts of this litigation to foreclose on a mortgage are set forth in this Court's prior decision in Futterman v Calce (226 A.D.2d 306). On this appeal, we are faced with the issue of whether an award of attorneys' fees was properly granted as a result of a post judgment motion for such relief, and we conclude that it was not. CPLR 5011 defines a judgment as "the determination of the rights of the parties in an action", and it...

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