American Investment Bank, N.A. v. Atwal

Appellate Division of the Supreme Court of New York

American Investment Bank, N.A. v. Atwal

171 A.D.2d 1072, 579 N.Y.S.2d 607

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 8, 1991

StatusPublished

This text of 171 A.D.2d 1072 (American Investment Bank, N.A. v. Atwal) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

American Investment Bank, N.A. v. Atwal, 171 A.D.2d 1072, 579 N.Y.S.2d 607 (N.Y. Ct. App. 1991).

Pincite

Opinion

Order insofar as appealed from unanimously reversed on the law without costs, motion granted and matter remitted to Supreme Court for further proceedings, in accordance with the following Memorandum: The note sued upon provided that, in case of default, the promisor would pay reasonable attorney’s fees actually incurred whether before or after litigation. Hence, the court should have granted plaintiff’s application for the attorney’s fees incurred after judgment, including fees incurred in its efforts to collect the judgment. We remit the matter to Su[1073]*1073preme Court, therefore, to determine the reasonable amount of the attorney’s fees incurred. (Appeal from Order of Supreme Court, Erie County, Rath, J. — Attorney’s Fees.) Present —Denman, J. P., Boomer, Pine, Lawton and Davis, JJ.

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Order insofar as appealed from unanimously reversed on the law without costs, motion granted and matter remitted to Supreme Court for further proceedings, in accordance with the following Memorandum: The note sued upon provided that, in case of default, the promisor would pay reasonable attorney’s fees actually incurred whether before or after litigation. Hence, the court should have granted plaintiff’s application for the attorney’s fees incurred after judgment, including fees incurred in its efforts to collect the judgment. We remit the matter to Su[1073]*1073preme Court, therefore, to determine the reasonable amount of the attorney’s fees incurred. (Appeal from Order of Supreme Court, Erie County, Rath, J. — Attorney’s Fees.) Present —Denman, J. P., Boomer, Pine, Lawton and Davis, JJ.

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Bluebook (online)

171 A.D.2d 1072, 579 N.Y.S.2d 607, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-investment-bank-na-v-atwal-nyappdiv-1991.