Legal Opinion

Salant v. Shebar

Appellate Division of the Supreme Court of the State of New York

Decided November 7, 1913PublishedCited by 9 opinions

Appeal by the defendants, Abraham Shebar and another, 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 1st day of August, 1913, vacating the satisfaction of a judgment and permitting the attorney for the plaintiff to issue execution thereon.

1Opinion of the Court

Scott, J.:

The respondent was retained by plaintiff to prosecute a claim for commissions against the defendants. Suit was begun and a judgment entered in favor of the plaintiff for $1,264.63, which included $181.85 costs. Respondent was employed under a written retainer by which plaintiff agreed to pay him “ thirty per cent of any and all moneys realized in such proceedings either by way of settlement or suit.” The defendants appealed from the judgment, but do not seem to have prosecuted their appeal with much vigor. Some time after the entry of the judgment plaintiff and defendants came to an…

2Cases cited2 opinions

  1. Peri v. New York Central & Hudson River RailroadNew York Court of Appeals · 1897
  2. Pilkington v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1900

3Cited by9 opinions

  1. Duringshoff v. O. B. Coates & Co.Appellate Terms of the Supreme Court of New York · 1916
  2. Albright v. Baltimore & O. R.District Court, E.D. New York · 1927
  3. Jacobs v. Niagara Cab Co.New York Supreme Court · 1938
  4. Maier v. Maze Realty Co.Appellate Division of the Supreme Court of the State of New York · 1919
  5. Rebmann v. WicksAppellate Division of the Supreme Court of the State of New York · 1999

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