Krauss v. New Era Cab Corp.

Plaintiff’s surety paid to defendant’s former attorney costs awarded upon a dismissal of plaintiff’s complaint after a trial and in a case where no counterclaim has been interposed. Defendant’s substituted attorney has issued an execution to the sheriff of New York county against plaintiff predicated upon the judgment for these costs assessed against plaintiff, contending that defendant’s former attorney had no right to the costs either by contract or by virtue of any charging lien. The appeal is from the order denying plaintiff’s motion to vacate the execution and levy. The question involved…