Dumowith v. Marks

Appellate Terms of the Supreme Court of New York

Dumowith v. Marks

84 N.Y.S. 453

Appellate Terms of the Supreme Court of New York·Decided November 6, 1903·Published·Cited by 2 cases

Opinion

BLANCHARD, 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.

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BLANCHARD, 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.

Dumowith v. Marks, 84 N.Y.S. 453 (N.Y. Ct. App. 1903).

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Opinion

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