New York Court of Appeals
Son Fong Lum v. Domenico Antonelli, and the Long Island Savings Bank, (And Third-Party Actions.) (And Another…
May 2, 198564 N.Y.2d 1158
Summary
The New York Court of Appeals affirmed the Appellate Division's order, holding that the Long Island Savings Bank could not recover attorneys' fees from the Lum defendants or from Antonelli because the Lum liability was discharged by the mortgage assumption and the bank never asserted a fee claim against Antonelli.