OnBANK & TRUST CO. v. JAMES P. BURR ENTERS., INC.


235 A.D.2d 799 (1997)

652 N.Y.S.2d 802

Onbank & Trust Company, Respondent, v. James P. Burr Enterprises, Inc., Appellant

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

January 16, 1997


Yesawich Jr., J.

In this action, plaintiff seeks to recover amounts allegedly due from defendant pursuant to an agreement whereby plaintiff's predecessor, Union National Bank, paid defendant fees for services provided in connection with the procurement of retail installment loan contracts, which Union would purchase and service. The fee paid for each contract purchased was calculated as a percentage of the interest Union would

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