Williams v. Kauderer

The Referee’s report clearly shows that on the specific issues referred to him of inability to collect from the client of the moving attorney and collusion between the client and the defendant, the moving attorney did not make a prima facie case. The findings of the Referee are not at all inconsistent with his statement to that effect on the record, and *153necessarily followed as a matter of law from the conceded facts and indeed from those which appeared in the affidavits. It is clear that even if there was no collusion or fraud and without regard to inability to collect from the client, the…