General
Robert Bromberg et al., Respondents, v. Morton V. Ellish, Inc., et al., Appellants
107 A.D.2d 778·New York Supreme Court, Appellate Division·1985·NY
Brief incoming
Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.
Opinion
Robert Bromberg et al., Respondents, v Morton V. Ellish, Inc., et al., Appellants.
[MAJORITY]
— In an action, inter alia, to declare that plaintiffs have littoral rights to a certain lake, defendants appeal from an order of the Supreme Court, Rockland County (Stolarik, J.), entered April 19, 1983, which, after a hearing, denied their motion pursuant to CPLR 6514 (subd [c]) for an award of costs and expenses.
Order affirmed, with costs.
Upon a review of the record, we find that the court did not abuse its discretion in denying defendants’ motion (CPLR 6514, subd [c]) for costs and expenses occasioned by the filing by plaintiffs, and subsequent cancellation by the court, of a notice of pendency. Thompson, J. P., Bracken, Brown and Rubin, JJ., concur.