A. B. C. Systems, Inc. v. Temple Emanu-El of Far Rockaway

Order of the Appellate Term, Second Judicial Department, dated November 10, 1967, and order of the Civil Court of the City of New York, Queens County, entered April 3,1967, reversed, on the law and the facts, and appellant’s motion remitted to the Civil Court for a hearing and determination de novo, as hereinafter indicated, with costs in all courts to abide the event. In our opinion, the question whether appellant was in fact retained by plaintiff and, consequently, entitled to a lien upon the proceeds of the settlement pursuant to section 475 of the Judiciary Law, should not have been…