In re Prospect Ave.
New York Supreme Court
Appeal from special term, New York county. Application by the board of street opening and improvement of the city of New York on behalf of the mayor, aldermen, etc., of the city of New York, relative to acquiring title to Prospect avenue from Westchester avenue to Boston road, in the Twenty-Third ward of said city, as the same has been heretofore laid out and designated by the department of public parks.
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Appeal from special term, New York county. Application by the board of street opening and improvement of the city of New York on behalf of the mayor, aldermen, etc., of the city of New York, relative to acquiring title to Prospect avenue from Westchester avenue to Boston road, in the Twenty-Third ward of said city, as the same has been heretofore laid out and designated by the department of public parks. From an order denying a motion for the substitution of attorneys, Celina Dodin, a property owner, appeals. Reversed. One Celina Dodin applied for a substitution of attorney. She is a widow,…
1Opinion of the CourtO’Brien, J.
In denying the motion for a substitution, the learned judge below stated that he did not “think that the moving party is entitled to substitution, as a matter of right, in this case. Some misconduct should be shown on the part of the attorney.” If what had been here sought was an unconditional substitution, the conclusion thus arrived at would have been right. The application, however, was not for an unconditional substitution, but for a substitution, and this the court had the right to grant upon such terms as were just. The question presented is, then, was the client, upon the showing made,…
2Cases cited2 opinions
- In Re PaschalSupreme Court of the United States · 1871
- Prentiss v. LivingstonNew York Marine Court · 1881
3Cited by2 opinions
- Barkley v. New York Cent. & H. R. RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Sheldon v. MottNew York Supreme Court · 1895