Bloch v. Bloch
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Morris Blooh, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 8th day of July, 1908, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 17th day of July, 1908, denying the defendant’s motion for a new trial made upon the minutes.
1Dissent
Gaynor, J. (dissenting):
The law is, as it always has been, that a plaintiff may settle and discontinue the action at will, without regard to the wishes of his attorney, and no matter what the attorney’s agreement for com*862pensation is, or whether he has been paid or not. The plaintiff may settle for any amount or consideration he may see fit, or for nothing. No one may be compelled by his attorney to go on with a lawsuit and continue its risk against his will. To say otherwise would be to turn the legal profession into one of common barrators, or worse, and degrade it.
It is difficult to see how…
2Cases cited5 opinions
- Fischer-Hansen v. . Bklyn. Heights R.R. Co.New York Court of Appeals · 1903
- Morehouse v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1906
- Smith v. Acker Process Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Fenwick v. MitchellNew York Supreme Court · 1901
- Gurley v. GruensteinNew York Supreme Court · 1904