Majority
p. 935In the Matter of the Application of Louise H. Carpenter, Individually and as Executrix, etc., of Richard E. Carpenter, Deceased, Appellant, to Compel A. Oldrin Salter and William H. Steinkamp, Attorneys at Law of the State of New York, Respondents, to Pay Over to Her Moneys and Deliver Papers Received by Them and Belonging to Her.
Headnote
Appeal from an order entered in the New York county clerk’s office on the 9th" day of December, 1907, denying a motion to set aside a prior order.The order appealed Rom should be modified by providing that this order is without prejudice to any action which the client may be advised to bring against her attorney for failure to properly perform his duties as attorney. As so modified the order should he affirmed, with ten dollars costs and disbursements to the respondent. Present — Ingraham, Lauglilin, Clarke, Houghton and Scott, JJ. Order modified as directed in opinion and as modified affirmed, with ten dollars costs and disbursements to respondents. Settle order on notice.