From Casetext: Smarter Legal Research

Coyle v. Gerritsen Avenue Shopping Ctr., Inc.

Appellate Division of the Supreme Court of New York, Second Department
Sep 9, 1991
176 A.D.2d 232 (N.Y. App. Div. 1991)

Opinion

September 9, 1991

Appeal from the Supreme Court, Kings County (Dowd, J.).


Ordered that the order is modified, on the law, by deleting the provisions thereof which (1) directed the entry of judgment in favor of the defendant Gerritsen Avenue Shopping Center, Inc., and against the appellant in the principal sum of $12,335, and (2) directed the entry of judgment in favor of the defendant Triple Nickel Foods #2, Inc., and against appellant in the principal sum of $11,354.25; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements, and the matter is remitted to the Supreme Court, Kings County, for a hearing on the amounts due to the codefendants Gerritsen Avenue Shopping Center, Inc., and Triple Nickel Foods #2, Inc.

The Supreme Court properly determined that the appellant was obligated to pay for the legal costs incurred by the codefendants in connection with their defense of this action (see generally, Breed, Abbott Morgan v. Hulko, 139 A.D.2d 71, 74-75, affd 74 N.Y.2d 686). However, under the circumstances of this case, issues of fact exist which require a hearing with respect to the reasonable amount of such costs.

We have examined the appellant's remaining contentions and find them without merit. Bracken, J.P., Kooper, Miller and O'Brien, JJ., concur.


Summaries of

Coyle v. Gerritsen Avenue Shopping Ctr., Inc.

Appellate Division of the Supreme Court of New York, Second Department
Sep 9, 1991
176 A.D.2d 232 (N.Y. App. Div. 1991)
Case details for

Coyle v. Gerritsen Avenue Shopping Ctr., Inc.

Case Details

Full title:JOHN COYLE, Respondent, v. GERRITSEN AVENUE SHOPPING CENTER, INC., et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Sep 9, 1991

Citations

176 A.D.2d 232 (N.Y. App. Div. 1991)
574 N.Y.S.2d 57

Citing Cases

Spacht v. Cnty. of Chautauqua

Defendant contended in support of its motion that it had no duty to maintain the property where plaintiff…

Santerre v. Golub Corp.

We conclude that the court properly determined that Golub owed a duty to plaintiff based on the provisions of…