Dumowith v. Marks
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by Aelig Dumowith against Cristania Marks. From order entered therein, and from a judgment for Charles Rosenthal, plaintiff’s attorney, against defendant, for his fees, defendant appeals. Reversed.
1Opinion of the CourtBlanchard, J.
The proceedings taken by the plaintiff’s attorney, by virtue of the concluding clause of section 66 of the Code of Civil Procedure, to ascertain and enforce payment of his lien, are proper only between attorney and client. Rochfort v. Met. Street Ry. Co., 50 App. Div. 261, 63 N. Y. Supp. 1036. Nor does it appear that the plaintiff is insolvent. Youngv. Howell, 64 App. Div. 246, 72 N. Y. Supp. 5.
The judgment and order appealed from should be reversed, with costs. All concur.
2Cases cited2 opinions
- Rochfort v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Young v. HowellAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by2 opinions
- Chorosh v. WoodburyNew York Supreme Court · 1930
- Kern v. Chicago, M. & P. S. Ry. Co.District Court, W.D. Washington · 1912