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Lowery v. Brace

130 A.D. 907 Court N.Y. App. Div. English

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Majority

p. 907
Edwin O. Lowery and Frederick B. Lord, Respondents, v. William H. Brace and W. H. Brace Company, Appellants, Impleaded with John L. Hurlbert.

Order reversed, without costs of this appeal to either party, and matter remitted to the Special Term for a rehearing of the motion upon five days’ notice upon the papers already presented and upon such further affidavits or evidence as either party may desire to present. Held, that the court should have determined the amount of the attorneys’ lien, if any, and have permitted the payment of such lien as a condition of allowing the satisfactions to stand. All concurred.