Canter v. Aranow

Memobandum

Judgment unanimously reversed on the law and new trial granted, with costs to plaintiffs to abide the event. It was error to dismiss the complaint at the end of the plaintiff’s proof. A prima facie case was established. The jury could have found that before section 276 of the Penal Law went into effect, the defendant, as attorney for the executors of the deceased’s estate, entered into an agreement whereby he was to take over some of the unfinished matters of the deceased attorney and divide with the estate 50% of all fees received by him in such matters. Such agreement, so far as…