Sullivan v. McCann
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff James F. Sullivan and by the defendants, John McCann and another, as executors and trustees, etc., from an order of the Supreme Court, made at the Hew' York Special Term and entered in the office of the clerk of the county of Hew York on the 27th day of June, 1906.
1Opinion of the Court
Clarke, J. :
This is an appeal from an order of the Special Term appointing a.referee upon'the application of the petitioner, an attorney, to have the amount and extent of an attorney’s lien fixed and determined.
This matter was before .us on an appeal f rom an order discontinuing the action and is reported in Sullivan v. McCann (113 App. *147Div. 61; 98 N. Y. Supp. 947). We there held that the attorney had the right, under section 66 of the Code of Civil Procedure, to apply to the court for the purpose of fixing the amount of his compensation. We further said : “We think that inasmuch as it does…
2Cases cited1 opinion
- Sullivan v. McCannAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by1 opinion
- Sullivan v. McCannAppellate Division of the Supreme Court of the State of New York · 1908