Lincoln First Bank v. Miller

The defendant brings on this motion seeking an order requiring the plaintiff to produce copies of the retainer agreement or contract between the plaintiff bank and its attorney.

The plaintiff commenced the within action seeking to recover money allegedly owed it by the defendant pursuant to a special agreement.

The defendant interposed an answer containing a second affirmative defense and counterclaim predicated upon plaintiff’s alleged violation of section 100 of the Banking Law.

The thrust of the counterclaim is that the plaintiff’s agreement with the defendant was that in the event of…