In re Board of Education

Appellate Division of the Supreme Court of New York

In re Board of Education

79 N.Y.S. 1126

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

DecidedDecember 9, 1902

StatusPublished

This text of 79 N.Y.S. 1126 (In re Board of Education) 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

In re Board of Education, 79 N.Y.S. 1126 (N.Y. Ct. App. 1902).

Pincite

Opinion

PER CURIAM.

The exception to that part of the referee’s report which awards $330.50 to Messrs. Mulqueen & Mulqueen on account of their alleged lien is sustained, and the report is otherwise confirmed. It is true that proceedings to condemn land are a special proceeding, and that, under section 66 of the Code, an attorney may acquire a lien in such a proceeding. This, however, is only from the commencement of the special proceeding. But Mrs. Schoenig had died before the petition of the board of education herein was filed. Hence Messrs. Mulqueen & Mulqueen could never have represented her in the proceeding. Therefore they could not have acquired any lien. If they performed services for her in anticipation of the proceeding, under a contract of employment, her estate may be liable for such services upon a quantum meruit, but we are unable to see how they have any lien under the circumstances.

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PER CURIAM.

The exception to that part of the referee’s report which awards $330.50 to Messrs. Mulqueen & Mulqueen on account of their alleged lien is sustained, and the report is otherwise confirmed. It is true that proceedings to condemn land are a special proceeding, and that, under section 66 of the Code, an attorney may acquire a lien in such a proceeding. This, however, is only from the commencement of the special proceeding. But Mrs. Schoenig had died before the petition of the board of education herein was filed. Hence Messrs. Mulqueen & Mulqueen could never have represented her in the proceeding. Therefore they could not have acquired any lien. If they performed services for her in anticipation of the proceeding, under a contract of employment, her estate may be liable for such services upon a quantum meruit, but we are unable to see how they have any lien under the circumstances.

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Bluebook (online)

79 N.Y.S. 1126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-board-of-education-nyappdiv-1902.