American Inv. Bank, N.A. v. Atwal

• Court: New York Supreme Court — Appellate Division
• Writing for the Court: DENMAN
• Citation: American Inv. Bank, N.A. v. Atwal, 579 N.Y.S.2d 607, 171 A.D.2d 1072 (N.Y. App. Div. 1991)
• Decision Date: 08 March 1991
• Parties: AMERICAN INVESTMENT BANK, N.A., Appellant, v. Amar J.S. ATWAL et al., Respondents.

Page 607

579 N.Y.S.2d 607

171 A.D.2d 1072

AMERICAN INVESTMENT BANK, N.A., Appellant, v. Amar J.S. ATWAL et al., Respondents.

Supreme Court of New York, Appellate Division Fourth Department.

March 8, 1991

Order insofar as appealed from unanimously reversed on the law without costs, motion granted and matter remitted to Supreme Court for further proceedings, in accordance with the following Memorandum: The note sued upon provided that, in case of default, the promisor would pay reasonable attorney's fees actually incurred whether before or after litigation. Hence, the court should have granted plaintiff's application for the attorney's fees incurred after judgment, including fees incurred in its efforts to collect the judgment....