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NAT'L BANK OF NORTH AM. v. ARTHUR R. SMITH MECH. CORP.

74 A.D.2d 600 (1980)

National Bank of North America, Respondent, v. Arthur R. Smith Mechanical Corp. et al., Defendants, and Arthur Smith et al., Appellants

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

February 11, 1980

Order and judgment modified, on the law, by deleting so much of the second decretal paragraph thereof as awarded attorney's fees in the amount of $7,000. As so modified, order and judgment affirmed, with $50 costs and disbursements to plaintiff, and action remitted to Special Term for a hearing on the issue of the reasonableness of the attorney's fees and for the entry of an appropriate amended order and judgment in accordance herewith.

The guarantee executed by appellants...

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