Rivera v. O'Connor

Appellate Division of the Supreme Court of New York

Rivera v. O'Connor

18 A.D.2d 1020, 238 N.Y.S.2d 990, 1963 N.Y. App. Div. LEXIS 4147

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

DecidedMarch 18, 1963

StatusPublished

This text of 18 A.D.2d 1020 (Rivera v. O'Connor) 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

Rivera v. O'Connor, 18 A.D.2d 1020, 238 N.Y.S.2d 990, 1963 N.Y. App. Div. LEXIS 4147 (N.Y. Ct. App. 1963).

Pincite

Opinion

In a negligence action, John J. Lynch, the original attorney for the plaintiffs, appeals from an order of the Supreme Court, Queens County, dated October 26, 1962, which granted plaintiffs’ motion to substitute Howard R. Levine as their attorney in the place and stead of appellant, John J. Lynch. Order affirmed, without costs. A client has absolute right to select or to discharge an attorney at any time, with or without cause (Lurie v. New Amsterdam Cas. Co., 270 N. Y. 379). Such a right is also possessed by a guardian ad litem (Greenburg v. New York Cent. & Hudson Riv. R. R. Co., 210 N. Y. 505). [1021]*1021Although the infant plaintiff’s mother, as a guardian ad litem, is responsible to the court for her conduct, her fitness as a guardian may not be tested on a motion to substitute attorneys. Beldoek, P. J., Ughetta, Christ, Rabin and Hopkins, JJ., concur.

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In a negligence action, John J. Lynch, the original attorney for the plaintiffs, appeals from an order of the Supreme Court, Queens County, dated October 26, 1962, which granted plaintiffs’ motion to substitute Howard R. Levine as their attorney in the place and stead of appellant, John J. Lynch. Order affirmed, without costs. A client has absolute right to select or to discharge an attorney at any time, with or without cause (Lurie v. New Amsterdam Cas. Co., 270 N. Y. 379). Such a right is also possessed by a guardian ad litem (Greenburg v. New York Cent. & Hudson Riv. R. R. Co., 210 N. Y. 505). [1021]*1021Although the infant plaintiff’s mother, as a guardian ad litem, is responsible to the court for her conduct, her fitness as a guardian may not be tested on a motion to substitute attorneys. Beldoek, P. J., Ughetta, Christ, Rabin and Hopkins, JJ., concur.

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Bluebook (online)

18 A.D.2d 1020, 238 N.Y.S.2d 990, 1963 N.Y. App. Div. LEXIS 4147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rivera-v-oconnor-nyappdiv-1963.

Opinion

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