Refractolite Corp. v. Prismo Holding Corp.

The appellant, an attorney at law, commenced an action on behalf of his client, the plaintiff-respondent herein. During the course of the litigation the client moved to substitute other attorneys for appellant, and, in its notice of motion, asked for an order fixing the compensation and fee of the attorney, and for a direction that the papers in the action be turned over to its new attorneys. No claim is made that the attorney had been at fault in the conduct of the litigation, nor was there any assertion in the papers accompanying the notice of motion that the attorney had been paid for his…