Ordered that the judgment is affirmed insofar as appealed from, with costs.
Although the note secured by the mortgage included a provision requiring the mortgagors to pay counsel fees of 15% of all sums due in the event that the note was subject to collection, the appellant is not entitled to such a fee as a matter of law as this provision was not included in the mortgage instrument itself (see, Vardy Holding Co. v Metric Resales,
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
