Guliano v. Whitenack
New York Court of Common Pleas
Action by Antonio G-uliano against John H. Whitenack to recover damages for personal injuries. Judgment was rendered in favor of plaintiff, and his attorney now moves to enforce his lien against said judgment in the hands of an assignee thereof. Granted.
1Opinion of the CourtPryor, J.
In action for personal injury the plaintiff had judgment for damages and costs. An assignee of the judgment has given a formal satisfaction of it, and now plaintiff’s attorney moves to set aside the satisfaction, on the ground that it is in fraud of his lien. By contract with the client the attorney was to receive, in *416compensation of his services, one-third of the damages recovered. Notice of the agreement was communicated to the defendant with the service of the summons. The judgment is for $250 damages and $174.76 costs. The attorney has been paid no part of his fee or costs, and it is…
2Cases cited7 opinions
- Marshall v. . MeechNew York Court of Appeals · 1872
- Poole v. . BelchaNew York Court of Appeals · 1892
- Bailey v. . MurphyNew York Court of Appeals · 1892
- People ex rel. Reynolds v. Common CouncilSuperior Court of Buffalo · 1894
- Adams v. StillmanCity of New York Municipal Court · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Dienst v. McCaffreyNew York Court of Common Pleas · 1895
- Publishers' Printing Co. v. Gillin Printing Co.Appellate Terms of the Supreme Court of New York · 1896
- Adams v. Niagara Cycle Fittings Co.New York Supreme Court · 1902