First National Bank v. Brower

We uphold the validity of a court-promulgated directive that allowance of attorneys’ fees on the entry of default judgments shall be determined on a quantum meruit basis rather than by mechanical application of a blanket formula contained in the agreement between the creditor and the debtor.

On November 19, 1975 at the direction of the Administrative Judge of the Nassau County Courts, the Chief Clerk of the District Court of Nassau County issued a directive to the various district court clerks that no default judgment containing an allowance for attorneys’ fees was thereafter to be entered…