BANK OF NEW YORK v. CLAVIER CORP.


29 A.D.2d 927 (1968)

Bank of New York, Respondent, v. Clavier Corporation, Defendant, and R. Carl Chandler, Appellant

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

April 18, 1968


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...

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