Lowery v. Brace

Appellate Division of the Supreme Court of New York

Lowery v. Brace

130 A.D. 907, 115 N.Y.S. 1129

Appellate Division of the Supreme Court of the State of New York·Decided February 15, 1909·Published

Opinion

Order reversed, without costs of this appeal to either party, and matter remitted to the Special Term for a rehearing of the motion upon five days’ notice upon the papers already presented and upon such further affidavits or evidence as either party may desire to present. Held, that the court should have determined the amount of the attorneys’ lien, if any, and have permitted the payment of such lien as a condition of allowing the satisfactions to stand. All concurred.

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Order reversed, without costs of this appeal to either party, and matter remitted to the Special Term for a rehearing of the motion upon five days’ notice upon the papers already presented and upon such further affidavits or evidence as either party may desire to present. Held, that the court should have determined the amount of the attorneys’ lien, if any, and have permitted the payment of such lien as a condition of allowing the satisfactions to stand. All concurred.

Lowery v. Brace, 130 A.D. 907, 115 N.Y.S. 1129 (N.Y. Ct. App. 1909).

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