Citation Numbers: 50 A.D.2d 747
Filed Date: 12/9/1975
Status: Precedential
Modified Date: 1/12/2022
— Order, Supreme Court, New York County, entered July 9, 1975, unanimously affirmed, with $60 costs and disbursements to respondent. When defendant-appellant, an attorney, was originally retained by one Cook in 1962 to prosecute an action in behalf of the latter’s infant child against the City of New York, he employed plaintiff-respondent to assist him. When defendant was later ousted by the client and signed a stipulation substituting attorney Schreiber for himself, he retained no lien. He now claims that, by agreement between his successor, and trial counsel Julien and himself, he is entitled to sole possession of one third of the fee allowed in the settlement by the Trial Justice in the infant’s case. Plaintiffs complaint is leveled against defendant for compensation for the services rendered to defendant in the infant’s case. Special Term, in the circumstances, exercised discretion (CPLR 6301) properly, we hold, by constituting the infant’s trial counsel, Julien, a stakeholder of one third the fee to avoid dissipation thereof pending adjudication of plaintiffs