Beneficial Finance Co. of New York, Inc. v. Youngman

Order unanimously reversed, on the law, without costs, and judgment of Canandaigua City Court reinstated. Memorandum: In this action commenced by plaintiff Beneficial Finance Company to recover the balance due on a promissory note, defendant has interposed a counterclaim seeking damages by reason of plaintiff having wrongfully filed a wage assignment with her employer. Defendant had previously obtained an order vacating the wage assignment pursuant to article 3-A of the Personal Property Law and now asserts that she is entitled to recover her counsel fees in that proceeding, as well as other…