Taylor v. Long Island Railroad

Gaynor J.:

This is a motion by the plaintiff to compel her attorney to pay to her $477, the costs and allowance recovered in this action. The action was for damages for the negligent killing of" the plaintiff’s husband. The judgment against the defendant was for $7,500 damages, $102 costs exclusive of disbursements, and an extra allowance of $375. The plaintiff retained her attorney by a written agreement that he was to be paid 30 per cent, of the “ amount recovered ”, but nothing if he failed “ to collect damages.” The attorney paid to the plaintiff 70 per cent, of the-damages, and retained…