Legal Opinion
Marine Midland Bank v. Roberts
Civil Court of the City of New York
Decided January 31, 1980PublishedCited by 6 opinions
1Opinion of the Court
OPINION OF THE COURT
Anne G. Feldman, J.
Plaintiff brings the underlying actions to enforce attorneys’ fees provisions in three contracts: two retail installment contracts for the purchase of automobiles and one retail installment credit card agreement.
The facts in each case are identical. The debtor defendant defaulted on his payments and, in accordance with the acceleration clause in each contract, the entire balance became immediately due. When these amounts remained unpaid, plaintiff’s attorney served summonses and complaints on the debtors and obtained default judgments against them. The…
2Cases cited5 opinions
- First National Bank v. BrowerNew York Court of Appeals · 1977
- Jordan v. FreemanAppellate Division of the Supreme Court of the State of New York · 1972
- Mead v. First Trust & Deposit Co.Appellate Division of the Supreme Court of the State of New York · 1977
- Franklin National Bank v. Wall Street Commercial Corp.Appellate Division of the Supreme Court of the State of New York · 1964
- Franklin National Bank v. Wall Street Commercial Corp.New York Supreme Court · 1963
3Cited by6 opinions
- Citibank (South Dakota), N.A. v. MartinCivil Court of the City of New York · 2005
- National Union Fire Insurance v. HartelDistrict Court, S.D. New York · 1992
- Potts v. HinesAppellate Division of the Supreme Court of the State of New York · 1988
- Pinnacle Group, Inc. v. ShraderCourt of Appeals of North Carolina · 1992
- Aldrich v. Upstate Auto Wholesale of Ithaca, Inc.District Court, N.D. New York · 1982
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