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MTR. THOMPSON v. CHEM. BK.

84 Misc.2d 721 (1975)

In the Matter of Edward Thompson, as Deputy City Administrative Judge, Civil Division, Supreme and Civil Courts at the Request of the State of New York by Louis J. Lefkowitz, Attorney-General, Petitioner, v. Chemical Bank et al., Respondents.

Civil Court of the City of New York, New York County.

September 10, 1975

Attorney(s) appearing for the Case

Mark Edward Rogart for petitioner. Louis J. Lefkowitz, Attorney-General (Stephen Mindell of counsel), for State of New York. Cravath Swaine & Moore (Ralph L. McAfee, Richard S. Simmons and Robert J. Dwyer of counsel), for respondents.

ALLEN MURRAY MYERS, J.

In this proceeding pursuant to section 217-a of the Judiciary Law, we are faced with the question of whether a bank, through its salaried in-house counsel, may recover a judgment for attorney's fees as provided for in its consumer loan agreements in the event that the bank is forced to institute suit to collect an unpaid loan from a defaulting debtor.

The parties agree that section...

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