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Flores v. Las Americas Communications, Inc.

Appellate Division of the Supreme Court of New York, First Department
Aug 24, 1995
218 A.D.2d 595 (N.Y. App. Div. 1995)

Opinion

August 24, 1995

Appeal from the Supreme Court, New York County (David Saxe, J.).


Defendants correctly contend that since the language of the parties' agreement did not clearly provide for the recovery of attorneys' fees, the court erred in awarding such fees to plaintiffs ( Hooper Assocs. v. AGS Computers, 74 N.Y.2d 487; cf., Breed, Abbott Morgan v. Hulko, 74 N.Y.2d 686, affg 139 A.D.2d 71). We further note that since issue had been joined and the parties clearly indicated that they were deliberately charting a summary judgment course, the IAS Court did not err in treating plaintiffs' motion to dismiss pursuant to CPLR 3211(b) as one for summary judgment pursuant to CPLR 3212 ( Mihlovan v. Grozavu, 72 N.Y.2d 506).

We have considered defendants' remaining contentions and find them to be without merit.

Concur — Murphy, P.J., Rubin, Ross, Asch and Tom, JJ.


Summaries of

Flores v. Las Americas Communications, Inc.

Appellate Division of the Supreme Court of New York, First Department
Aug 24, 1995
218 A.D.2d 595 (N.Y. App. Div. 1995)
Case details for

Flores v. Las Americas Communications, Inc.

Case Details

Full title:FRANK FLORES et al., Respondents, v. LAS AMERICAS COMMUNICATIONS, INC., et…

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

Date published: Aug 24, 1995

Citations

218 A.D.2d 595 (N.Y. App. Div. 1995)
630 N.Y.S.2d 502

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