James v. Kraut

Appellate Division of the Supreme Court of New York

James v. Kraut

73 A.D.2d 686, 423 N.Y.S.2d 844, 1979 N.Y. App. Div. LEXIS 14552

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

DecidedDecember 31, 1979

StatusPublished

This text of 73 A.D.2d 686 (James v. Kraut) 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

James v. Kraut, 73 A.D.2d 686, 423 N.Y.S.2d 844, 1979 N.Y. App. Div. LEXIS 14552 (N.Y. Ct. App. 1979).

Pincite

Opinion

Appeal from an order of the Supreme Court, Queens County, entered May 28, 1979, which fixed the fee of the appellant outgoing attorney at $3,500. Order reversed, with $50 costs and disbursements, and matter remanded to the Supreme Court, Queens County, for a hearing, before a different Justice, on the question of counsel fees. Under the circumstances at bar, it was improper to fix the fee of the outgoing attorney without affording him an opportunity to be heard. Mollen, P. J., Titone, Rabin, Gulotta and Gibbons, JJ., concur.

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Appeal from an order of the Supreme Court, Queens County, entered May 28, 1979, which fixed the fee of the appellant outgoing attorney at $3,500. Order reversed, with $50 costs and disbursements, and matter remanded to the Supreme Court, Queens County, for a hearing, before a different Justice, on the question of counsel fees. Under the circumstances at bar, it was improper to fix the fee of the outgoing attorney without affording him an opportunity to be heard. Mollen, P. J., Titone, Rabin, Gulotta and Gibbons, JJ., concur.

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Bluebook (online)

73 A.D.2d 686, 423 N.Y.S.2d 844, 1979 N.Y. App. Div. LEXIS 14552, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-v-kraut-nyappdiv-1979.