Maier v. Maze Realty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Maze Realty Company, 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 10th day of June, 1919, appointing a referee to determine the reasonable value of the legal services rendered to the plaintiff in this action.
1Opinion of the Court
Philbin, J.:
In Matter of Salant (158 App. Div. 697; affd., 210 N. Y. 622) it was held that the summary proceeding authorized by section 475 of the Judiciary Law is applicable only to disputes between attorney and client and that if the attorney seeks to enforce his lien against a third party, except when the amount due is beyond dispute, he must proceed to foreclose his lien otherwise. It follows, therefore, that the present summary proceeding by petition under section 475 against the defendant — a third party — cannot be maintained. The proper form of remedy in such circumstances would seem…
2Cases cited5 opinions
- Fischer-Hansen v. . Bklyn. Heights R.R. Co.New York Court of Appeals · 1903
- Matter of ReisfeldNew York Court of Appeals · 1919
- Salant v. ShebarAppellate Division of the Supreme Court of the State of New York · 1913
- Matter of SalantNew York Court of Appeals · 1914
- Nacht v. Nathan Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1919
3Cited by4 opinions
- Jacobs v. Niagara Cab Co.New York Supreme Court · 1938
- Rubin v. BernsteinAppellate Terms of the Supreme Court of New York · 1928
- Hamilton v. RauberNew York Supreme Court · 1923
- Maier v. Maze Realty Co.Appellate Division of the Supreme Court of the State of New York · 1919