Peri v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 28, 1896, which affirmed an order of the Special Term vacating the satisfaction of a judgment entered herein for the plaintiff and directing the sheriff to enforce such judgment to the extent of the lien of the plaintiff’s attorneys thereon. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 28, 1896, which affirmed an order of the Special Term vacating the satisfaction of a judgment entered herein for the plaintiff and directing the sheriff to enforce such judgment to the extent of the lien of the plaintiff’s attorneys thereon. The facts, so far as material, are stated in the opinion. The amount awarded to the plaintiff’s attorneys is not in accordance with the undisputed evidence, but is directly contrary thereto. (Fowler v. Callan, 102 N. Y. 397; Tuttle v.…
1Opinion of the CourtBartlett, J.
This proceeding was instituted by the attorneys for the plaintiff to enforce their lien upon the judgment. The plaintiff recovered judgment against the defendant for damages sustained by personal injuries for $5,000 and costs.
The jury brought in a verdict for $10,000, and the trial judge reduced it one-half. After the sheriff had levied upon sufficient property to satisfy the claim and the General Term had affirmed, the plaintiff, without knowledge of his attorneys, assigned the judgment, and thereafter a settlement was effected for the sum of $4,200, which was paid to the assignee, who was…
2Cases cited2 opinions
- Poole v. . BelchaNew York Court of Appeals · 1892
- Bailey v. . MurphyNew York Court of Appeals · 1892
3Cited by83 opinions
- Itar-Tass Russian News Agency v. Russian Kurier, Inc.Court of Appeals for the Second Circuit · 1998
- In Re the Accounting of FitzsimonsNew York Court of Appeals · 1903
- In Re the Judicial Settlement of the Account of ReganNew York Court of Appeals · 1901
- Matter of SnyderNew York Court of Appeals · 1907
- Sargent v. . McLeodNew York Court of Appeals · 1913
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