Farago v. New York Railways Co.

Appellate Division of the Supreme Court of New York

Farago v. New York Railways Co.

163 A.D. 878

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

DecidedMay 15, 1914

StatusPublished

This text of 163 A.D. 878 (Farago v. New York Railways Co.) 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

Farago v. New York Railways Co., 163 A.D. 878 (N.Y. Ct. App. 1914).

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Opinion

Per Curiam:

We are satisfied that the learned Special Term was right in finding that the attorney had been duly retained. We see no reason why an end should not be put to this controversy. The agreement was that the attorney should receive thirty-three and one-third per cent upon a settlement and fifty per cent upon a judgment. The case was settled for $870. The order appealed from should, therefore, be modified by providing that the defendant’s motion to discontinue be granted upon the payment to plaintiff’s attorney, Sigmund S. Rotter, of $290, one-third of the amount of settlement, $10 costs of the motion below, $10 costs on this appeal and the respondent’s disbursements, and as so modified affirmed. Present—-Ingraham, P. J., Clarke, Scott, Dowling and Hotchkiss, JJ. Order modified as directed in opinion and as-modified affirmed. Order to be settled on notice.

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Per Curiam:

We are satisfied that the learned Special Term was right in finding that the attorney had been duly retained. We see no reason why an end should not be put to this controversy. The agreement was that the attorney should receive thirty-three and one-third per cent upon a settlement and fifty per cent upon a judgment. The case was settled for $870. The order appealed from should, therefore, be modified by providing that the defendant’s motion to discontinue be granted upon the payment to plaintiff’s attorney, Sigmund S. Rotter, of $290, one-third of the amount of settlement, $10 costs of the motion below, $10 costs on this appeal and the respondent’s disbursements, and as so modified affirmed. Present—-Ingraham, P. J., Clarke, Scott, Dowling and Hotchkiss, JJ. Order modified as directed in opinion and as-modified affirmed. Order to be settled on notice.

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Bluebook (online)

163 A.D. 878, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farago-v-new-york-railways-co-nyappdiv-1914.