Heating & Plumbing Finance Corp. v. 4274 Third Avenue Corp.

Motion for summary judgment. The question involved is to determine whether or not plaintiff is entitled to attorney’s fee in accordance with the provisions contained in a promissory note of which the following is a copy: “ $6,900. No. 18597, Date Nov. 7, 1928, For value received, I promise to pay to the order of Brooklyn & Queens Heating Co., Inc., Sixty-nine hundred 00/100 dollars in 36 equal consecutive monthly instalments beginning one month after date hereof, at the office of the Heating and Plumbing Finance Corporation, 40 West 40th St. N. Y. C.

“ Upon non-payment of any instalment when…