Budelman v. Sirgant

Appellate Division of the Supreme Court of New York

Budelman v. Sirgant

253 A.D. 917, 3 N.Y.S.2d 399, 1938 N.Y. App. Div. LEXIS 9256

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

DecidedFebruary 28, 1938

StatusPublished

This text of 253 A.D. 917 (Budelman v. Sirgant) 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

Budelman v. Sirgant, 253 A.D. 917, 3 N.Y.S.2d 399, 1938 N.Y. App. Div. LEXIS 9256 (N.Y. Ct. App. 1938).

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Opinion

Order reversed on the law and the facts, without costs, and matter remitted to the Special Term to ascertain the reasonable value of the services rendered by plaintiff’s former attorney which, when determined, together with disbursements of twenty-six dollars, is to be a lien on the amount of any recovery by action or settlement, unless (since the parties are willing to have the services measured on a percentage basis), within five days from the entry of the order hereon, plaintiff’s former attorney file a stipulation that the order be modified by reducing the amount of his lien from twenty-two per cent to nineteen per cent, together with twenty-six dollars disbursements, in which event the order, as thus modified, is affirmed, without costs. No opinion. ■ Lazansky, P. J., Hagarty, Davis, Johnston and Close, JJ., concur.

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Order reversed on the law and the facts, without costs, and matter remitted to the Special Term to ascertain the reasonable value of the services rendered by plaintiff’s former attorney which, when determined, together with disbursements of twenty-six dollars, is to be a lien on the amount of any recovery by action or settlement, unless (since the parties are willing to have the services measured on a percentage basis), within five days from the entry of the order hereon, plaintiff’s former attorney file a stipulation that the order be modified by reducing the amount of his lien from twenty-two per cent to nineteen per cent, together with twenty-six dollars disbursements, in which event the order, as thus modified, is affirmed, without costs. No opinion. ■ Lazansky, P. J., Hagarty, Davis, Johnston and Close, JJ., concur.

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Bluebook (online)

253 A.D. 917, 3 N.Y.S.2d 399, 1938 N.Y. App. Div. LEXIS 9256, Counsel Stack Legal Research, https://law.counselstack.com/opinion/budelman-v-sirgant-nyappdiv-1938.