Gurecki v. Bush

Appellate Division of the Supreme Court of New York

Gurecki v. Bush

254 A.D. 813, 4 N.Y.S.2d 762, 1938 N.Y. App. Div. LEXIS 7726

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

DecidedMay 11, 1938

StatusPublished

This text of 254 A.D. 813 (Gurecki v. Bush) 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

Gurecki v. Bush, 254 A.D. 813, 4 N.Y.S.2d 762, 1938 N.Y. App. Div. LEXIS 7726 (N.Y. Ct. App. 1938).

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Opinion

Order modified on the law, and as modified affirmed, without costs of this appeal to either party. [814]*814Memorandum: Since plaintiff stipulated in his affidavit that his attorney was entitled to his compensation in the amount which the attorney by not appealing has accepted, the only problem is how to secure the payment. The attorney cannot be said to have been at fault when the client has conceded his right to be paid. Under these circumstances the payment should be made or secured before the substitution of attorneys will be enforced. (Matter of Dunn, 205 N. Y. 398; Matter of Tillman, 259 id. 133.) All concur. (The order .imposes certain conditions on granting a motion for the substitution of attorneys.) Present — Crosby, Lewis, Cunningham, Taylor and Dowling, JJ.

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Order modified on the law, and as modified affirmed, without costs of this appeal to either party. [814]*814Memorandum: Since plaintiff stipulated in his affidavit that his attorney was entitled to his compensation in the amount which the attorney by not appealing has accepted, the only problem is how to secure the payment. The attorney cannot be said to have been at fault when the client has conceded his right to be paid. Under these circumstances the payment should be made or secured before the substitution of attorneys will be enforced. (Matter of Dunn, 205 N. Y. 398; Matter of Tillman, 259 id. 133.) All concur. (The order .imposes certain conditions on granting a motion for the substitution of attorneys.) Present — Crosby, Lewis, Cunningham, Taylor and Dowling, JJ.

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Bluebook (online)

254 A.D. 813, 4 N.Y.S.2d 762, 1938 N.Y. App. Div. LEXIS 7726, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gurecki-v-bush-nyappdiv-1938.

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