From Casetext: Smarter Legal Research

American Investment Bank, N.A. v. Atwal

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 8, 1991
171 A.D.2d 1072 (N.Y. App. Div. 1991)

Opinion

March 8, 1991

Appeal from the Supreme Court, Erie County, Rath, J.

Present — Denman, J.P., Boomer, Pine, Lawton and Davis, JJ.


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 Supreme Court, therefore, to determine the reasonable amount of the attorney's fees incurred.


Summaries of

American Investment Bank, N.A. v. Atwal

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 8, 1991
171 A.D.2d 1072 (N.Y. App. Div. 1991)
Case details for

American Investment Bank, N.A. v. Atwal

Case Details

Full title:AMERICAN INVESTMENT BANK, N.A., Appellant, v. AMAR J.S. ATWAL et al.…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 8, 1991

Citations

171 A.D.2d 1072 (N.Y. App. Div. 1991)