People v. Bank of Staten Island
Appellate Division of the Supreme Court of the State of New York
Appeal by' Joseph B. Mayer, as receiver of The Bank of- Staten Island, from an order of the - Supreme Court, made at. the Albany Special Term and entered in the office of the clerk of the county of A-lbariy on the 18th day of December, 1905, denying the appellant’s motion to substitute Montague -Lessler as his attorney in the place land stead of Harry S. Patten, and to require said Patten' to- surrender up to said Lessler all papers, etc., connected with the matters of the…
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Appeal by' Joseph B. Mayer, as receiver of The Bank of- Staten Island, from an order of the - Supreme Court, made at. the Albany Special Term and entered in the office of the clerk of the county of A-lbariy on the 18th day of December, 1905, denying the appellant’s motion to substitute Montague -Lessler as his attorney in the place land stead of Harry S. Patten, and to require said Patten' to- surrender up to said Lessler all papers, etc., connected with the matters of the said receiver.- ■ '-
1Opinion of the Court
Parker, P. J.:
Ordinarily a client has the right to change liis attorney at his own. volition, subject only to the payment or securing of the fees and charges that' are owing him. ■ ft must -be done, however, if'..the attorney does not consent, by an order of the court or a.judge thereof, and such order will always provide for such payment or security. And rule 10 of the-General Rulés of Practice has been always sb construed. (Trust v. Repoor, 15 How. Pr. 570 ; Matter of Prospect Avenue, 85 Hun, 257, 259.) But when the client is the" receiver of an insolvent corporation-and;is…
2Cases cited2 opinions
- Hirshfeld v. BoppAppellate Division of the Supreme Court of the State of New York · 1896
- Trust v. RepoorThe Superior Court of New York City · 1856