Knipe v. Wheelehan
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by Thomas Knipe against Margaret Wheel ehan. From an order permitting plaintiff’s attorney to continue the action, after mutual settlement by the parties, defendant appeals. Reversed.
1Opinion of the CourtBijur, J.
This action was brought to recover for personal injuries suffered by plaintiff.
Plaintiff’s attorney claims to have been retained on a 50 per cent, contingent fee. On a trial a verdict was rendered for $1,750. Thereafter the presiding justice granted a motion to set it aside and directed a new trial unless plaintiff stipulate to reduce the verdict to $600. The plaintiff did not so stipulate, but appealed from the order. While the appeal was pending, plaintiff and defendant settled the cause of action for $200.
Upon this statement of fact, taken from plaintiff’s attorney’s affidavit, the order…
Also in this document: Concurrence.
2Cases cited7 opinions
- Fischer-Hansen v. . Bklyn. Heights R.R. Co.New York Court of Appeals · 1903
- Peri v. New York Central & Hudson River RailroadNew York Court of Appeals · 1897
- Matter of SnyderNew York Court of Appeals · 1907
- Andrewes v. . HaasNew York Court of Appeals · 1915
- Salant v. ShebarAppellate Division of the Supreme Court of the State of New York · 1913
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