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BANK OF COMMERCE v. MARKAKOS

41 N.J. Super. 246 (1956)

124 A.2d 605

BANK OF COMMERCE, A BANKING INSTITUTION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. SANTOS MARKAKOS, LOUIS CHUMSKY, ET AL., DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided August 6, 1956.

Attorney(s) appearing for the Case

Mr. Felix Rospond argued the cause for plaintiff-appellant (Messrs. Rospond & Rospond, attorneys).

No appearance for defendant-respondent.

Before Judges FREUND, COOLAHAN and WEINTRAUB.

The opinion of the court was delivered by COOLAHAN, J.S.C. (temporarily assigned).

The plaintiff appeals from a denial by the Chancery Division of its application for a counsel fee, in a mortgage foreclosure action in excess of the rate provided by R.R. 4:55-7(c). It bases its claim for an exception to the rule upon a provision or covenant in the bond secured by securing the mortgage which provides as follows:

"In the event the mortgage accompanying...

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