Appellate Division of the Supreme Court of the State of New York July 1, 1964 (Franklin National Bank v. Wall Street Commercial Corp.)

In an action upon a promissory note in the face amount of $90,000, containing a provision which requires the debtor to pay all costs and expenses of any action to enforce the note, plus an attorney’s fees of 20% of the principal sum, the plaintiff bank appeals: (1) from so much of an order of the Supreme Court, Nassau County, dated December 18, 1963, as denied its motion for summary judgment on