Kaplan v. Berman
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment of the Municipal Court of the city of New York, borough of Manhattan, rendered in favor of the defendant upon a trial had before the court without a jury,
1Opinion of the CourtGiegerich, J.
Objection was made upon the trial by the plaintiff’s counsel that the person who appeared in behalf of the defend*503ant had not heen regularly admitted to practice in the courts of record of this State.
Although the truth of such statement was not challenged, the trial justice, despite such objection, permitted him to conduct the case to the end.
Such proceeding was contrary to the provisions of sections 63 and 64 of the Code of Civil Procedure, which provide:
“ § 63. A person shall not ask or receive, directly or indirectly, compensation for appearing as attorney in a court or before any…
2Cases cited1 opinion
- Newburger v. CampbellNew York Court of Common Pleas · 1880
3Cited by8 opinions
- Bennie v. Triangle Ranch Co.Supreme Court of Colorado · 1923
- Remole Soil Service, Inc. v. BensonAppellate Court of Illinois · 1966
- Schifrin v. Chenille Mfg. Co.Court of Appeals for the Second Circuit · 1941
- North Laramie Land Co. v. HoffmanWyoming Supreme Court · 1919
- Colton v. OshrinNew York Supreme Court · 1934
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