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LINCOLN BANK v. THAYER

102 Misc.2d 451 (1979)

Lincoln First Bank, N. A., Formerly Lincoln First Bank-Central, N. A., Plaintiff, v. Robert W. Thayer et al., Defendants.

Supreme Court, Onondaga County.

December 13, 1979.

Attorney(s) appearing for the Case

Bond, Schoeneck & King for plaintiff.

JOHN R. TENNEY, J.

Plaintiff, Lincoln First Bank, N. A., is seeking an additional allowance (CPLR 8303, subd [a], par 1) and attorneys' fees along with the default judgment in a mortgage foreclosure proceeding.

Generally speaking, counsel fees are not recoverable from an adverse litigant in the absence of an agreement for payment or a statutory provision therefor. (Matter of Singer v Korda & Co., 41 Misc.2d 785

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