Bank of New York v. Clavier Corp.

Appellate Division of the Supreme Court of New York

Bank of New York v. Clavier Corp.

29 A.D.2d 927, 289 N.Y.S.2d 125, 1968 N.Y. App. Div. LEXIS 4218

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

DecidedApril 18, 1968

StatusPublished

Cited by2 cases

This text of 29 A.D.2d 927 (Bank of New York v. Clavier Corp.) 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

Bank of New York v. Clavier Corp., 29 A.D.2d 927, 289 N.Y.S.2d 125, 1968 N.Y. App. Div. LEXIS 4218 (N.Y. Ct. App. 1968).

Pincite

Opinion

Judgment unanimously modified, on the law, to the extent of striking therefrom that part which includes judgment of $2,250 for counsel fees, and the claim for counsel fees is severed and remanded to Special Term for an assessment of damages; otherwise the judgment is affirmed, with $50 costs and disbursements to respondent. Although appellant is as a matter of law responsible for counsel fees incurred incident to the collection of the note guaranteed, this obligation embraces -only counsel fees reasonably incurred and not necessarily the precise amount claimed by respondent. (See, Firemens Fund Ins, Co. v. Levy, 21 Mise 2d 1027.) Concur — Stevens, J. ¡F., Steuer, Tilzer, McGivern and Rabin, JJ.

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Judgment unanimously modified, on the law, to the extent of striking therefrom that part which includes judgment of $2,250 for counsel fees, and the claim for counsel fees is severed and remanded to Special Term for an assessment of damages; otherwise the judgment is affirmed, with $50 costs and disbursements to respondent. Although appellant is as a matter of law responsible for counsel fees incurred incident to the collection of the note guaranteed, this obligation embraces -only counsel fees reasonably incurred and not necessarily the precise amount claimed by respondent. (See, Firemens Fund Ins, Co. v. Levy, 21 Mise 2d 1027.) Concur — Stevens, J. ¡F., Steuer, Tilzer, McGivern and Rabin, JJ.

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Bluebook (online)

29 A.D.2d 927, 289 N.Y.S.2d 125, 1968 N.Y. App. Div. LEXIS 4218, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bank-of-new-york-v-clavier-corp-nyappdiv-1968.

Opinion

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