Opinion
2003-01200.
Decided June 7, 2004.
In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from a judgment of the Supreme Court, Richmond County (Minardo, J.), dated January 27, 2003, which, upon an order of the same court dated December 19, 2002, granting that branch of the defendant's cross motion which was for an award of an attorney's fee, is in favor of the defendant and against him in the sum of $2,500.
Gil V. Perez, Staten Island, N.Y., appellant pro se.
Hall Hall, LLP, Staten Island, N.Y. (Allyn J. Crawford of counsel; Amanda L. Nelson on the brief), for respondent.
Before: DAVID S. RITTER, J.P., MYRIAM J. ALTMAN, WILLIAM F. MASTRO, PETER B. SKELOS, JJ.
DECISION ORDER ON MOTION
ORDERED that on the court's own motion, the notice of appeal from the order is deemed a premature notice of appeal from the judgment ( see CPLR 5520[c]); and it is further,
ORDERED that the judgment is affirmed, with costs.
An attorney's fee was properly awarded to the defendant ( see Emigrant Sav. Bank v. Bristol, 282 A.D.2d 497; Green Point Sav. Bank v. Tornheim, 261 A.D.2d 360), and the amount awarded was not unreasonable.
RITTER, J.P., ALTMAN, MASTRO and SKELOS, JJ., concur.
Motion by the respondent on an appeal from a judgment of the Supreme Court, Richmond County, dated January 27, 2003, inter alia, to strike portions of the appellant's reply brief and for an award of costs. By decision and order on motion of this court dated January 22, 2004, the motion was held in abeyance and referred to the Justices hearing the appeal for determination upon the argument or submission thereof.
Upon the papers filed in support of the motion, and no papers having been filed in opposition or relation thereto, and upon the submission of the appeal, it is
ORDERED that the motion is denied.
RITTER, J.P., ALTMAN, MASTRO and SKELOS, JJ., concur.