Lichtenheld v. Bersen
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Action by plaintiff to recover damages from the defendants, her attorneys, for alleged acts of misconduct in an action to foreclose a mortgage which resulted on the sale in a surplus. The attorneys who began the action and prosecuted it to judgment, anticipating that there would be surplus after the sale, obtained an assignment of a judgment which was a lien subordinate to the mortgage on the premises. This assignment was taken in the name of the plaintiff’s attorneys, Webster & Kruppenbacher; and there was a written agreement that whatever sum should be realized upon the sale was to be…
2Cases cited2 opinions
- Harriss v. TamsNew York Court of Appeals · 1932
- Marine Trust Co. v. WillisAppellate Division of the Supreme Court of the State of New York · 1934