Royal Discount Corp. v. Luxor Motor Sales Corp.
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
Per Curiam.
An assignment of a retail installment contract, by which the seller warrants that the cash down payment specified as having been paid by the purchaser was actually paid, is breached when the proof establishes that the down payment was in fact less than the amount so warranted (Commercial Credit Corp. v. Third & Lafayette Sts. Garage, 226 App. Div. 235 ; Northeast Discount Corp. v. Queens Hill Motors, 150 N. Y. S. 2d 848).
The terms “costs” and “expenses” as employed in the assignment agreement do not include attorney’s fees, and attorney’s fees are not recoverable in the absence of express language in the contract or statute (Hayman v. Morris, 37 N. Y. S. 2d 884).
The judgment should be reversed, with $30 costs, and judgment directed for the plaintiff in the sum of $426.13, with interest and costs.
Hofstadter, Steher and Hecht, JJ., concur.
Judgment reversed, etc.
How later courts describe this case
Explanatory parentheticals written by citing courts — 4 in all; the most informative distinct ones are shown.
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(where New York law required express language for recovery of attorney's fees pursuant to an assignment agreement, the terms "costs" and "expenses" did not include such)
Cited by 12 cases
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