Dunn v. Hudson River Electric Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered February 11, 1911, which affirmed an order of Special Term granting a motion for substitution of attorneys in a suit pending and directing that all the pleadings and papers in said action be turned over to the attorneys substituted. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered February 11, 1911, which affirmed an order of Special Term granting a motion for substitution of attorneys in a suit pending and directing that all the pleadings and papers in said action be turned over to the attorneys substituted. The facts, so far as material, are stated in the opinion. The exercise of the right inherent in an attorney to say that he will not act for certain persons, does not work forfeiture of his rights, nor of his property, nor compel him to surrender to the…
1Dissent
Cullen, Ch. J.
(dissenting). I do not see how any distinction can be drawn between the right of the appellant to resist the substitution of an attorney hi his place and his right to a lien on the papers in the action. The present practice seems now well settled that the courts will not enforce a substitution of attorneys where the first attorney is without fault, unless the amount due the attorney for his services and expenditures is either paid or secured. At the same time it is equally well settled that if the attorney has refused, without just cause, to proceed with the prosecution of the…
2Cases cited5 opinions
- Keeney v. . Home Insurance CompanyNew York Court of Appeals · 1877
- Halbert v. GibbsAppellate Division of the Supreme Court of the State of New York · 1897
- Matter of HNew York Court of Appeals · 1883
- Avery v. JacobThe Superior Court of the City of New York and Buffalo · 1891
- Sessions v. PalmeterNew York Supreme Court · 1894