B. Indiviglio & Sons v. Miccio

Appellate Division of the Supreme Court of New York

B. Indiviglio & Sons v. Miccio

264 A.D. 847, 36 N.Y.S.2d 420, 1942 N.Y. App. Div. LEXIS 5017

Appellate Division of the Supreme Court of the State of New York·Decided June 19, 1942·Published

Opinion

Order, so far as appealed from, unanimously modified by striking therefrom subdivision d of paragraph 11, and as so modified affirmed, with twenty dollars costs and disbursements to the appellant. The action was not a representative one and there was no warrant in law for a direction to pay plaintiff’s attorney a counsel fee which would diminish the share of those lienors who had no contract with said attorney. Present —■ Martin, P. J.. Townley, Glennon, Cohn and Callahan, JJ. [See post, p. 918.]

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Order, so far as appealed from, unanimously modified by striking therefrom subdivision d of paragraph 11, and as so modified affirmed, with twenty dollars costs and disbursements to the appellant. The action was not a representative one and there was no warrant in law for a direction to pay plaintiff’s attorney a counsel fee which would diminish the share of those lienors who had no contract with said attorney. Present —■ Martin, P. J.. Townley, Glennon, Cohn and Callahan, JJ. [See post, p. 918.]

B. Indiviglio & Sons v. Miccio, 264 A.D. 847, 36 N.Y.S.2d 420, 1942 N.Y. App. Div. LEXIS 5017 (N.Y. Ct. App. 1942).

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264 A.D. 847 (B. Indiviglio & Sons v. Miccio) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.