Kraus v. Century Gas & Electric Fixture Co.

Appellate Division of the Supreme Court of New York

Kraus v. Century Gas & Electric Fixture Co.

161 A.D. 916, 145 N.Y.S. 1086

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

DecidedFebruary 15, 1914

StatusPublished

This text of 161 A.D. 916 (Kraus v. Century Gas & Electric Fixture 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

Kraus v. Century Gas & Electric Fixture Co., 161 A.D. 916, 145 N.Y.S. 1086 (N.Y. Ct. App. 1914).

Pincite

Opinion

Per Curiam:

The attorney for the defendant is entitled to a lien upon the counterclaim for his fees already earned in the action and for his disbursements made therein. He is not entitled to instant payment, as he might be if the case were one in which a party of his own volition desired to change his attorney. Here the change followed upon the bankruptcy of the defendant. The order must be so amended as to secure to the attorney a lien upon the counterclaim and its proceeds, if any, and payment out of [917]*917these proceeds when realized. As to the sum for past services, not in this action, the attorney stands in the position of any other creditor, except that he is entitled to a charging lien upon the papers in his hands. The order appealed from will be modified accordingly, and as so modified affirmed, without costs. Present—Ingraham, P. J., McLaughlin, Laughlin, Clarke and Scott, JJ. Order modified as directed in opinion, and as so modified affirmed, without costs. Order to be settled on notice.

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Per Curiam:

The attorney for the defendant is entitled to a lien upon the counterclaim for his fees already earned in the action and for his disbursements made therein. He is not entitled to instant payment, as he might be if the case were one in which a party of his own volition desired to change his attorney. Here the change followed upon the bankruptcy of the defendant. The order must be so amended as to secure to the attorney a lien upon the counterclaim and its proceeds, if any, and payment out of [917]*917these proceeds when realized. As to the sum for past services, not in this action, the attorney stands in the position of any other creditor, except that he is entitled to a charging lien upon the papers in his hands. The order appealed from will be modified accordingly, and as so modified affirmed, without costs. Present—Ingraham, P. J., McLaughlin, Laughlin, Clarke and Scott, JJ. Order modified as directed in opinion, and as so modified affirmed, without costs. Order to be settled on notice.

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Bluebook (online)

161 A.D. 916, 145 N.Y.S. 1086, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kraus-v-century-gas-electric-fixture-co-nyappdiv-1914.