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FREDERICK v. FRIED

308 A.D.2d 507 (2003)

765 N.Y.S.2d 371

EDWIN FREDERICK, Respondent, v. JOSEF FRIED, Appellant, et al., Defendant. EDWIN FREDERICK et al., Respondents, v. JOSEF FRIED, Appellant.

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

Decided September 22, 2003.

Ordered that on the Court's own motion, the notices of appeal from the orders dated March 15, 2002, are deemed to be applications for leave to appeal, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the judgment is modified, on the facts and as a matter of discretion, by deleting the provision thereof awarding the plaintiff Edwin Frederick an attorney's fee and costs; as so modified, the judgment is affirmed, without costs...

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