Matter of Speranza
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 12, 1906, which affirmed an order of Special Term determining the amount of and directing the enforcement of an attorney’s lien. The facts, so far as material, are stated in the opinion. The Special Term erred in determining the questions at issue between the attorney and client without trial, reference or other judicial investigation. (Code Civ.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 12, 1906, which affirmed an order of Special Term determining the amount of and directing the enforcement of an attorney’s lien. The facts, so far as material, are stated in the opinion. The Special Term erred in determining the questions at issue between the attorney and client without trial, reference or other judicial investigation. (Code Civ. Pro. §§ 3333, 3334; Matter of Fitzsimons, 174 N. Y. 15 ; Matter of H-, an Attorney, 87 N. Y. 521; C. T. Co. v. Smith, 57 Hun, 176;…
1Opinion of the Court
Werner,' J.
This is a co" troversy between attorney and client over the terms of the contract of retainer. Upon conflicting averments made by the opposing affiants, the court at Special Term fixed the attorney’s lien and directed its enforcement. At the Appellate Division that determination was unanimously affirmed. In view of that affirmance we shall refer to the facts, not for the purpose of reviewing them, but simply to support our suggestion that this is- a case in which the dispute between attorney and client should not have been summarily disposed of by the court upon the petition and…
2Cases cited3 opinions
- In Re the Proceedings for the Disbarment of ClarkNew York Court of Appeals · 1906
- In Re the Accounting of FitzsimonsNew York Court of Appeals · 1903
- In the Matter of H____, an AttorneyNew York Court of Appeals · 1882
3Cited by8 opinions
- In Re the Estate of GilmanNew York Court of Appeals · 1929
- Calvert v. StonerCalifornia Supreme Court · 1948
- Kane v. Sesac, Inc.District Court, S.D. New York · 1943
- In re NewellAppellate Division of the Supreme Court of the State of New York · 1916
- McCoy v. Gas Engine & Power Co.New York Supreme Court · 1911
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