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MONMOUTH COUNTY INVEST. CORP. v. YUSKEWITCH

108 N.J. Super. 200 (1970)

260 A.2d 521

MONMOUTH COUNTY INVESTMENT CORP., A NEW JERSEY CORPORATION, PLAINTIFF-RESPONDENT, v. BORIS YUSKEWITCH AND HELEN YUSKEWITCH, DEFENDANTS-APPELLANTS, AND SOPHIA YOUSKEVITCH, IGOR YOUSKEVITCH AND ANNA YOUSKEVITCH, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided January 8, 1970.

Attorney(s) appearing for the Case

Mr. Robert B. Silverman argued the cause for appellants.

Mr. Daniel G. Gallop argued the cause for respondent.

Before Judges CONFORD, COLLESTER and KOLOVSKY.

PER CURIAM.

In this action on a promissory note executed by defendants to plaintiff and concededly subject to the provisions of the Secondary Mortgage Loan Act, N.J.S.A. 17:11A-1 et seq., the court granted plaintiff's motion for summary judgment. The court overruled defendants' contention that the following provision in the note,

the undersigned [defendants] further promise to pay to the holder hereof a reasonable attorney's fee in the event...

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