Peoples National Bank v. Yodowitz

OPINION OF THE COURT

Harry Edelstein, J.

This is an action based on a default in the payment of installments on a bank note. The complaint alleges two causes of action asserted by a single plaintiff. The first cause of action is for $9,259.16 for the entire balance of the note due, and the second is for $1,851.83 for attorney’s fees incurred in the collection of the balance due, based on an agreement in the note.

The defendant has moved pursuant to CPLR 3211 (subd [a], par 2) to dismiss the complaint on the ground that this court lacks subject matter jurisdiction.

Relying on the clear and express…