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MARINE MIDLAND BANK — NEW YORK v. DRAYER

85 A.D.2d 529 (1981)

Marine Midland Bank — New York, Respondent-Appellant, v. Barry Drayer, Appellant-Respondent, et al., Defendant Barry Drayer et al., Third-Party Plaintiffs, v. James E. Corr, III, et al., Third-Party Defendants

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

December 8, 1981

The provision of the promissory note dated April 2, 1973, for attorney's fees includes not only attorney's fees arising from or incidental to the sale of the specific collateral but also those "arising from or incidental to the collection of any of the undersigned's liabilities to the Bank, including this note", i.e., it is not limited to the note. However, the judgment which has been rendered is for an amount which the bank is...

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