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VARDY HOLDING CO. v. METRIC RESALES, INC.

131 A.D.2d 564 (1987)

Vardy Holding Co., Appellant, v. Metric Resales, Inc., Respondent, et al., Defendants. (Action No. 1.) Vardy Holding Co., Appellant, v. Metric Resales, Inc., Respondent, et al., Defendants. (Action No. 2.) Vardy Holding Co., Appellant, v. Metric Resales, Inc., Respondent, et al., Defendants. (Action No. 3.)

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

June 8, 1987

Ordered that the judgments are affirmed insofar as appealed from, without costs or disbursements.

We agree with the Supreme Court, Suffolk County, that the plaintiff was not entitled to an award of attorneys' fees in the judgments of foreclosure. In this case, the mortgages provided, in pertinent part, for the award of attorneys' fees in actions other than to foreclose the mortgages. The promissory notes evidencing the...

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