Legal Opinion

In re Atterbury

Appellate Division of the Supreme Court of the State of New York

Decided October 26, 1917PublishedCited by 1 opinion

Appeal by Suffolk County Trust Company, as guardian, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 14th day of June, 1917, determining the lien of the respondent in a certain action, and also from an order entered in said clerk’s office on the 6th day of August, 1917, amending said order, and also from an order entered in said clerk’s office on the 10th day of August, 1917,…

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Appeal by Suffolk County Trust Company, as guardian, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 14th day of June, 1917, determining the lien of the respondent in a certain action, and also from an order entered in said clerk’s office on the 6th day of August, 1917, amending said order, and also from an order entered in said clerk’s office on the 10th day of August, 1917, denying appellant’s motion to vacate and set aside the prior orders.

1Opinion of the Court

Scott, J.:

On February 5, 1916, one Leon Francis Pettit, chief of the volunteer fire department of Babylon, L. I., was killed while proceeding to a fire, the motor truck on which he was riding being struck by one of the trains of the Long Island Railroad Company. On the same' day that the accident occurred a friend of the petitioner visited the widow of said Pettit, and urged that petitioner be retained as attorney to prosecute the railroad company for damages. He was accordingly retained and obtained from the surrogate of Suffolk county, in which the deceased and his widow resided, the…

2Cases cited3 opinions

  1. In re the Judicial Settlement of the Account of MengNew York Surrogate's Court · 1916
  2. Cunningham v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1914
  3. Cunningham v. City of New YorkNew York Supreme Court · 1913

3Cited by1 opinion

  1. In re the Judicial Settlement of the Account of MengAppellate Division of the Supreme Court of the State of New York · 1919

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