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

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 19, 1942

StatusPublished

This text of 264 A.D. 847 (B. Indiviglio & Sons v. Miccio) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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).

Pincite

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.]

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Bluebook (online)

264 A.D. 847, 36 N.Y.S.2d 420, 1942 N.Y. App. Div. LEXIS 5017, Counsel Stack Legal Research, https://law.counselstack.com/opinion/b-indiviglio-sons-v-miccio-nyappdiv-1942.