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MARIO MENDEZ v. GREGORY MELIKIAN (01/20/69)

January 20, 1969

MARIO MENDEZ, RESPONDENT-APPELLANT,
v.
GREGORY MELIKIAN, AS EXECUTOR OF SARKIS BAKTIMERIAN, DECEASED, APPELLANT-RESPONDENT



Cross appeals from stated portions of a judgment of the Supreme Court, Queens County, dated January 12, 1968.

Rabin, Acting P. J., Hopkins, Benjamin and Munder, JJ., concur; Martuscello, J., dissents.

No opinion.

Disposition

Judgment affirmed insofar as appealed from, without costs.

Martuscello, J., dissents and votes to modify the judgment by striking therefrom the provision which awards a counsel fee to defendant's attorney, with the following memorandum:

The award of a counsel fee to defendant's attorney was improper. There is nothing in the record to indicate that defendant requested such an allowance; nor is there otherwise a legal basis therefor.

19690120

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