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LONG ISLAND TRUST COMPANY, Respondent, v. WESTBURY DONUTS, INC., Defendant, and GLORIA MORRISON et al., Appellants.

In an action to recover on a promissory note, defendants Gloria Morrison, Bapajo, Ltd., and Donut Queen, Ltd., appeal, as limited by their brief, from so much of a judgment of the Supreme Court, Nassau County (Velsor, J.), dated June 14, 1982, as granted plaintiff a counsel fee in the sum of $12,500. Judgment modified, on the facts and as an exercise of discretion, by reducing the amount awarded as a counsel fee therein to $9,000. As so modified, judgment affirmed insofar as appealed from, without costs or disbursements. The award of counsel fees was excessive to the extent indicated. Damiani, J.P., Mangano, Gibbons and Gulotta, JJ., concur.

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LONG ISLAND TRUST CO. v. WESTBURY DONUTS, INC
(May 16, 1983)