Opinion
April 18, 1968
Judgment unanimously modified, on the law, to the extent of striking therefrom that part which includes judgment of $2,250 for counsel fees, and the claim for counsel fees is severed and remanded to Special Term for an assessment of damages; otherwise the judgment is affirmed, with $50 costs and disbursements to respondent. Although appellant is as a matter of law responsible for counsel fees incurred incident to the collection of the note guaranteed, this obligation embraces only counsel fees reasonably incurred and not necessarily the precise amount claimed by respondent. (See, Firemens Fund Ins. Co. v. Levy, 21 Misc.2d 1027. )
Concur — Stevens, J.P., Steuer, Tilzer, McGivern and Rabin, JJ.