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MERRITT GREEN MEMORIAL CHAPELS, INC. v. TOOMER

261 A.D.2d 517 (1999)

688 N.Y.S.2d 905

MERRITT GREEN MEMORIAL CHAPELS, INC., by Its Shareholders, et al., Plaintiffs, v. CHARLES TOOMER et al., Appellants, et al., Defendants, and FRANCIS X. TUZIO, Intervenor-Respondent.

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

Decided May 17, 1999.

Ordered that the order is modified, as a matter of discretion, by deleting the provision thereof fixing the attorney's fee of Francis X. Tuzio in the sum of $7,500; as so modified, the order is affirmed, with costs to the appellants, and the matter is remitted to the Supreme Court, Kings County, for a hearing to determine the proper amount of an award of an attorney's fee payable to Francis X. Tuzio.

By order dated June 20, 1997, the Supreme Court specifically directed...

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