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GEN. LUMBER CORP. v. LANDA

13 A.D.2d 804 (1961)

General Lumber Corp., Appellant, v. Jacob Landa, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 15, 1961

Plaintiff appeals solely on the ground of the inadequacy of the judgment, contending that it should have included an attorney's fee equal to 20% of the amount of the note. The note provides specifically for the payment of such fee by the maker in the event that it be unpaid at maturity and placed with an attorney for collection. The trial court found that such a fee is unreasonable in amount and constitutes a penalty, and held that...

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