ROSEN v. LONG ISLAND TRUST CO.


41 A.D.2d 819 (1973)

Shirley Rosen, Respondent-Appellant, v. Long Island Trust Company, Appellant-Respondent

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

April 12, 1973


This is an action to recover alleged overpayment of interest made in satisfying a mortgage on real property. The plaintiff guaranteed promissory notes in the total sum of $27,500, which notes provided for attorney's fees of 20% if action was commenced to enforce them. When such action was commenced, the plaintiff gave a second mortgage on a personal residence in the sum of $33,000 to cover the principal amount of the notes plus attorneys' fees in the sum of $5,500. The plaintiff...

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