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CHRIS MAC CO. v. JOHNSON-ONO

186 Misc.2d 524 (2000)

719 N.Y.S.2d 796

CHRIS MAC CO., Appellant, v. T. JOHNSON-ONO, Also Known as TIMOC O. JOHNSON, Also Known as TIMOC O. JONSTON, Respondent, et al., Respondents.

Supreme Court, Appellate Term, First Department.

September 18, 2000.

Attorney(s) appearing for the Case

Sperber & Denenberg for appellant.

Anne Jaffe for respondent.

PARNESS, P. J., and McCOOE, J., concur; DAVIS, J., dissents in a separate memorandum.

OPINION OF THE COURT

Per Curiam.

Order dated December 7, 1998 reversed, with $10 costs, and respondents' motion for attorneys' fees is denied.

The majority decision is withdrawn and the following decision is substituted.

The Trial Judge properly granted a discontinuance pursuant to CPLR 3217 "without prejudice to either side including respondents' rights to move for attorneys' fees" (emphasis...

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