Velella v. Benedetto
Guy J. Velella, Appellant-Respondent, v. Michael R. Benedetto, Respondent-Appellant
Opinion
*790 OPINION OF THE COURT Order affirmed, without costs, for the reasons stated in the opinion by Justice Leonard H. Sandler at the Appellate Division ( 83 AD2d 465 ) and because defendant as the prevailing party in that court was not entitled as a matter of law to an award of costs and disbursements (CPLR 8107).
Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg and Meyer. Taking no part: Judge Gabrielli.
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