Sterling v. Miller

In an action by a substituted attorney to establish an equitable lien on a fee received by his successor, the respondent Miller, pursuant to written agreements, the appeal is from so much of an order which on reargument denies a motion for summary judgment to strike out the answers or to strike therefrom the affirmative defenses, pursuant, respectively, to rule 113 and subdivision 6 of rule 109 of the Rules of Civil Practice. Order modified by striking therefrom the second and third ordering paragraphs and by substituting therefor a provision that the motion for summary judgment be granted.…