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TOPS MARKETS, INC. v. QUALITY MARKETS, INC.

295 A.D.2d 977 (2002)

743 N.Y.S.2d 915

TOPS MARKETS, INC., Respondent, v. QUALITY MARKETS, INC., et al., Defendants. EDWARD C. COSGROVE, Appellant.

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

Decided June 14, 2002.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

We affirm the order for reasons stated in the decision at Supreme Court, Erie County (Doyle, J.). We note, however, that the only issue addressed on this appeal is whether the court abused its discretion in postponing until the conclusion of the case its determination of the application of plaintiff's former attorney for a fee based...

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