Mascioli v. Mascioli

Appellate Division of the Supreme Court of New York

Mascioli v. Mascioli

5 A.D.2d 1016, 174 N.Y.S.2d 416, 1958 N.Y. App. Div. LEXIS 6166

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

DecidedApril 28, 1958

StatusPublished

This text of 5 A.D.2d 1016 (Mascioli v. Mascioli) 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

Mascioli v. Mascioli, 5 A.D.2d 1016, 174 N.Y.S.2d 416, 1958 N.Y. App. Div. LEXIS 6166 (N.Y. Ct. App. 1958).

Pincite

Opinion

In an action to recover damages for personal injuries, an order was made at Special Term granting plaintiffs’ motion for a substitution of attorneys and referring to an Official Referee to hear and determine the compensation of the outgoing attorney. The outgoing attorney appeals from an order made by the Official Referee, after a hearing, fixing his compensation at 25% of whatever fee the substituted attorney may receive. The action was settled after the entry of the order appealed from. Order reversed, without costs, and matter remitted to the Special Term for the purpose of fixing appellant’s lien either in a specified dollar amount or as a percentage of the settlement. As this action has been settled, the Special Term can now more accurately ascertain and evaluate the services of each attorney and the contribution of each towards the result achieved (Podbielski v. Conrad, 286 App. Div. 1040).

Wenzel, Acting P. J., Murphy, Ughetta, Hallinan and Kleinfeld, JJ., concur.

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In an action to recover damages for personal injuries, an order was made at Special Term granting plaintiffs’ motion for a substitution of attorneys and referring to an Official Referee to hear and determine the compensation of the outgoing attorney. The outgoing attorney appeals from an order made by the Official Referee, after a hearing, fixing his compensation at 25% of whatever fee the substituted attorney may receive. The action was settled after the entry of the order appealed from. Order reversed, without costs, and matter remitted to the Special Term for the purpose of fixing appellant’s lien either in a specified dollar amount or as a percentage of the settlement. As this action has been settled, the Special Term can now more accurately ascertain and evaluate the services of each attorney and the contribution of each towards the result achieved (Podbielski v. Conrad, 286 App. Div. 1040).

Wenzel, Acting P. J., Murphy, Ughetta, Hallinan and Kleinfeld, JJ., concur.

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Bluebook (online)

5 A.D.2d 1016, 174 N.Y.S.2d 416, 1958 N.Y. App. Div. LEXIS 6166, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mascioli-v-mascioli-nyappdiv-1958.

Opinion

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