National Bank of North America v. Arthur R. Smith Mechanical Corp.

In an action upon a promissory note and guarantee, defendants Arthur R. Smith and Natalie Smith appeal from an order and judgment (one paper) of the Supreme Court, Nassau County, dated August 15, 1979, which granted plaintiffs motion for summary judgment, denied their cross motion for summary judgment, and awarded plaintiff judgment in the amount of $35,000, with interest, together with attorney’s fees in the amount of $7,000. Order and judgment modified, on the law, by deleting so much of the second decretal paragraph thereof as awarded attorney’s fees in the amount of $7,000. As so…