Clark v. Pemberton
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Elizabeth A. Clark, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Westchester on the 3d day of July, 1901, denying the plaintiff’s motion to vacate a judgment theretofore entered against her in the above-entitled action.
1Opinion of the Court
Goodrich, P. J.:
The action was brought to recover damages for neglect of defendant, an attorney at law, in professional relations. The action was referred to a referee and finally submitted to him on December 22, 1900. - On February 21, 1901, .the referee notified the defendant that he had decided in his favor. The report* however, is dated on the twenty-fifth. The defendant died March twelfth. The report was not filed or delivered to the defendant’s attorney till April 25, • 1901, when it was taken up by the personal representatives of the deceased and a judgment was entered thereon against…
2Cases cited2 opinions
- Little v. . LynchNew York Court of Appeals · 1885
- Craig v. CraigNew York Supreme Court · 1892
3Cited by2 opinions
- Nicholson v. McMullenNew York Supreme Court · 1941
- In re the General Assignment of VenableAppellate Division of the Supreme Court of the State of New York · 1905