Legal Opinion

Matter of City of New York

New York Court of Appeals

Decided October 17, 1916PublishedCited by 9 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 26, 1916, which reversed an order of Special Term canceling an attorney’s lien upon an award in condemnation proceedings. The facts, so far as material, are stated in the opinion. Petitioner, by letter of November 12, 1907, definitely canceled the contract.

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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 26, 1916, which reversed an order of Special Term canceling an attorney’s lien upon an award in condemnation proceedings. The facts, so far as material, are stated in the opinion. Petitioner, by letter of November 12, 1907, definitely canceled the contract. After the receipt of this letter, respondent’s rights were limited to a demand and (in a proper case) the recovery for services, if any, rendered up to that time. Respondent made no such demand then or at any time. (Tenney v.…

1Per curiam

In March, 1907, the petitioner, Morris Kushner, retained the respondent as his attorney in a proceeding for the opening of Rosedale avenue in the city of New York. The contract of retainer, which was signed by the client, is in writing, and contains the following provision: “I agree to pay, and hereby assign to him [the attorney] for all services, fifty per cent, of the amount paid as purchase price, or recovered for damages over and above amount fixed by city expert. No other compensation whatever, either for expert witness fees or for any other disbursement, is'to be paid by me. In case of…

2Cases cited4 opinions

  1. Martin v. . CampNew York Court of Appeals · 1916
  2. Ransom v. . CuttingNew York Court of Appeals · 1907
  3. McCoy v. Gas Engine & Power Co.Appellate Division of the Supreme Court of the State of New York · 1912
  4. McCoy v. . Gas Engine and Power CompanyNew York Court of Appeals · 1913

3Cited by9 opinions

  1. Matter of KrooksNew York Court of Appeals · 1931
  2. Greenberg v. Jerome H. Remick & Co.New York Court of Appeals · 1920
  3. Woodbury v. Andrew Jergens Co.Court of Appeals for the Second Circuit · 1934
  4. Spellman v. Bankers' Trust Co.Court of Appeals for the Second Circuit · 1925
  5. Ellis v. MitchellNew York Supreme Court · 1948

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