SCHLEIMER v. McMILLAN


79 Misc.2d 829 (1974)

Irene Schleimer, Respondent, v. Girtis McMillan, Defendant, and Thurmond Sellers, Appellant.

Supreme Court, Appellate Term, Second Department.

February 27, 1974


Attorney(s) appearing for the Case

Kadane & Spizz (Harvey W. Spizz of counsel), for appellant. Irving G. Schleimer for respondent.

Concur: HOGAN, P. J., GLICKMAN and McCULLOUGH, JJ.


MEMORANDUM.

Judgment unanimously modified by reducing the amount of plaintiff's recovery by the sum of $202.36, with appropriate interest and costs on the amount due as reduced; as so modified, judgment affirmed, without costs.

In this suit by plaintiff to recover on a retail installment contract, she is not entitled to attorney's fees on the buyer's default where the contract states: "Buyer agrees to pay an attorney's fee of fifteen (15) percent of the amount...

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