Matter of Peters

New York Court of Appeals

Matter of Peters

73 N.E.2d 560, 296 N.Y. 974, 1947 N.Y. LEXIS 1720

CourtNew York Court of Appeals

DecidedApril 17, 1947

StatusPublished

Cited by13 cases

This text of 73 N.E.2d 560 (Matter of Peters) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Matter of Peters, 73 N.E.2d 560, 296 N.Y. 974, 1947 N.Y. LEXIS 1720 (N.Y. 1947).

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Opinion

Orders modified in accordance with the memorandum herein, and, as so modified, affirmed, without costs. The answer interposed by the receiver-appellant pleads a denial of those allegations contained in paragraph 20 of the petition herein which alleged that the sum of $726.83 was expended by the petitioners in the prosecution of the claim of Clemente Construction Co., Inc., against the State of New York. Finding in the record no evidence which supports disbursements by the petitioners in that amount we remit the proceeding in that regard to the Special Term for the purpose of receiving any evidence relevant to the issue of fact thus tendered which may be offered by the petitioners and the receiver-appellant. So far as the orders fix and determine the amount of the attorneys’ lien at $23,481.58, they should be affirmed. This modification is without costs. No opinion.

Concur: Lottghran, Oh. J., Lewis, Conway, Desmond, Teacher, Dye and Fuld, JJ.

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Orders modified in accordance with the memorandum herein, and, as so modified, affirmed, without costs. The answer interposed by the receiver-appellant pleads a denial of those allegations contained in paragraph 20 of the petition herein which alleged that the sum of $726.83 was expended by the petitioners in the prosecution of the claim of Clemente Construction Co., Inc., against the State of New York. Finding in the record no evidence which supports disbursements by the petitioners in that amount we remit the proceeding in that regard to the Special Term for the purpose of receiving any evidence relevant to the issue of fact thus tendered which may be offered by the petitioners and the receiver-appellant. So far as the orders fix and determine the amount of the attorneys’ lien at $23,481.58, they should be affirmed. This modification is without costs. No opinion.

Concur: Lottghran, Oh. J., Lewis, Conway, Desmond, Teacher, Dye and Fuld, JJ.

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73 N.E.2d 560, 296 N.Y. 974, 1947 N.Y. LEXIS 1720, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-peters-ny-1947.

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