Legal Opinion

Raichle, Moore, Banning & Weiss v. Commonwealth Financial Corp.

New York Supreme Court

Decided November 28, 1960PublishedCited by 1 opinion

1Opinion of the CourtRegis O’Brien, J.

This is a proceeding by petitioner for an order to determine and enforce an attorney’s lien for services, under section 475 of the Judiciary Law. The motion was returnable at Erie County Special Term on October 20,1960.

On October 15, 1960, after petitioner’s notice of motion was served, the respondent sent by mail to the Special Term Clerk a “ Notice of Special Appearance ”. It states that the respondent appears solely “ to object to the Court’s jurisdiction ”, the basis for such act being the claim that the petitioner “ did not commence any action, special, or other proceeding, in any court…

2Cases cited9 opinions

  1. Fischer-Hansen v. . Bklyn. Heights R.R. Co.New York Court of Appeals · 1903
  2. In re Baxter & Co.Court of Appeals for the Second Circuit · 1907
  3. Braman v. BramanAppellate Division of the Supreme Court of the State of New York · 1932
  4. Citizens Trust Co. v. R. Prescott & Son, Inc.Appellate Division of the Supreme Court of the State of New York · 1927
  5. Herlihy v. Phoenix Assurance Co.Appellate Division of the Supreme Court of the State of New York · 1948

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3Cited by1 opinion

  1. Raichle, Moore, Banning & Weiss v. Commonwealth Financial Corp.Appellate Division of the Supreme Court of the State of New York · 1961

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