GLADSTEIN v. KEANE

Index No. 152121/15. Appeal No. 12647-12648-12648A. Case No. 2019-2249.

189 A.D.3d 541 (2020)

133 N.Y.S.3d 821

2020 NY Slip Op 07497

Harvey Gladstein, Respondent-Appellant, v. Thomas F. Keane et al., Appellants-Respondents.

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

Decided December 15, 2020.


Attorney(s) appearing for the Case

Thomas F. Keane , New York, for appellants-respondents.

Markewich & Rosenstock LLP, New York ( Lawrence M. Rosenstock of counsel), for respondent-appellant.

Concur—Kapnick, J.P., Mazzarelli, Singh, Kennedy, JJ.


Neither side identified evidence that would justify reversing the findings of the trial court as to the amounts or the existence of defendants' obligation under the promissory note or the offsets thereto.

The trial court correctly ruled that plaintiff was entitled to attorneys' fees for work relating to enforcement of the note only and not for work relating to the off-set defenses, which were not inextricably intertwined with enforcement of the note (see Matter...

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