Wise v. Cohen
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Pauline Cohen, from an order of the Supreme Court, made at the New York' Special Term and entered in the office of the clerk of the county of New York on . the 19th ’ day of April, 1906, denying the .said defendant’s motion to vacate what purports to be a judgment in this action and remitting the case to the trial justice.
1Opinion of the Court
Ingraham,, J.:
This action is in equity to enforce an attorney’s lien upon a cause of action which has been settled between the parties without his consent. The case was tried at Special Term," At the opening Of the case the defendant’s counsel moved to dismiss the complaint upon the,ground that it did not state facts sufficient to constitute "a cause of action. The court announced that it reserved its decision upon this motion, whereupon witnesses were called for the plaintiff ■ and were examined and cross-examined., The plaintiff then rested and the defendant then renewed his motion to…
2Cases cited5 opinions
- Deeley v. . HeintzNew York Court of Appeals · 1901
- Martin v. CookNew York Supreme Court · 1891
- Ware v. . Dos PassosNew York Court of Appeals · 1900
- Sommer v. SommerAppellate Division of the Supreme Court of the State of New York · 1903
- Weeks v. Van NessAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by4 opinions
- Lyon v. Water CommissionersAppellate Division of the Supreme Court of the State of New York · 1928
- National Park Bank v. BillingsAppellate Division of the Supreme Court of the State of New York · 1911
- Sternkopf v. HillersAppellate Division of the Supreme Court of the State of New York · 1936
- Wise v. CohenAppellate Division of the Supreme Court of the State of New York · 1906