Restivo v. Bradley Contracting Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Maddalena Restivo, as administratrix, etc., from so much of an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 7th day of January, 1915, as determines and fixes the amount of the lien of plaintiff’s former attorney, respondent herein, at one-third of any sum recovered by the plaintiff in this action.
1Opinion of the Court
JENKS, P. J.:
The plaintiff moved for a substitution of her attorney, and the Special Term denied the motion. She appealed and we reversed the order because it was against her absolute right, and remitted the matter to the Special Term to ascertain the amount of the attorney’s lien and to provide for its protection. (166 App. Div. 905.) Thereupon the Special Term granted the present order for substitution, ordered that the lien of the former attorney should remain in full force and effect, and determined that the amount thereof should be one-third of any sum that should be secured in this…
2Cases cited3 opinions
- Morehouse v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1906
- Andrewes v. . HaasNew York Court of Appeals · 1915
- Jeffards v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1900