In re the City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by M. Edward Kelley from so much of an order of the Supreme Court, made at the Kings County Special Term on the 18th day of June, 1918, as resettled by an order entered in the office of the clerk of the county of Kings on the 26th day of June, 1918, as confirms the report of a referee.
1Opinion of the Court
Jenks, P. J.:
This proceeding was begun by the city of New York to open and to widen a city street. The sole substantial question presented by this appeal is whether the award for damages to the landowner Kelley is subject to the attorneys’ lien asserted by Messrs. Dessar & Ridgway. When the proceeding was commenced in 1910, the land now represented by the award was of a tract owned by James, who as owner made a written contract of retainer of the said attorneys to represent him in the proceeding, and agreed to pay for their services a contingent fee of ten per cent of whatever award might be…
2Cases cited10 opinions
- Becker v. . KochNew York Court of Appeals · 1887
- Gates v. . De La MareNew York Court of Appeals · 1894
- Schoenherr v. . Van MeterNew York Court of Appeals · 1915
- Fox v. . MatthiessenNew York Court of Appeals · 1898
- Hirshbach v. KetchumAppellate Division of the Supreme Court of the State of New York · 1903
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3Cited by5 opinions
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- In re SheaAppellate Division of the Supreme Court of the State of New York · 1946
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