In the Matter of First National Bank of East Islip, Appellant v. Mahlon Brower, as Clerk of the First District…

Summary

The Court of Appeals affirmed the lower courts, holding that a court‑promulgated directive requiring an inquest to determine attorneys’ fees in default judgments is valid and that such fees must be assessed on a quantum meruit basis rather than by mechanically applying the contract’s 15% formula. The statutory provision allowing up to 15% does not preclude judicial supervision of fees and does not create an enforceable penalty clause.