How have the courts dealt with a motion for attorneys' fees and disbursements in a civil matter?
"New York", United States of America
The following excerpt is from Lochner v. Surles, 149 Misc.2d 243, 564 N.Y.S.2d 673 (N.Y. Sup. Ct. 1990):
[149 Misc.2d 248] In view of the fact that the petitioner has not substantially prevailed in this proceeding and that the respondent had a reasonable basis to withhold disclosure of the three documents in issue, the court declines to award attorneys' fees and disbursements to petitioner (Public Officers Law 97(2); Matter of Powhida v. City of Albany, 147 A.D.2d 236, 542 N.Y.S.2d 865).
The petition is granted, in part, and denied, in part, without costs.
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