Farago v. New York Rys. Co.

Appellate Division of the Supreme Court of New York

Farago v. New York Rys. Co.

147 N.Y.S. 303

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

DecidedMay 1, 1914

DocketNo. 5728

StatusPublished

This text of 147 N.Y.S. 303 (Farago v. New York Rys. 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 Rys. Co., 147 N.Y.S. 303 (N.Y. Ct. App. 1914).

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Opinion

PER CURIAM.

Wre 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 33% per cent, upon a settlement and 50 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 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.

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PER CURIAM.

Wre 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 33% per cent, upon a settlement and 50 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 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.

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Bluebook (online)

147 N.Y.S. 303, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farago-v-new-york-rys-co-nyappdiv-1914.