Majority
p. 911
In the Matter of the Application of Elizabeth M. Garner, Appellant, for an Order Compelling Gustave Frey, an Attorney, Respondent, to Sign Consents of Substitution and Deliver Papers to Other Attorneys in Pending Litigation.
Headnote
Appeal from an order, entered in the Hew York county clerk’s office on the 16th day of March, 1909, compelling an attorney to deliver papers in pending litigations oil certain conditions, and directing a reference to determine the amount of respondent’s lien.The order appealed from should be modified by striking out the provision for a reference and by providing that the papers shall be delivered up to the petitioner upon payment by her of the sum of'§l,500, or upon the giving by her of a bond in the sum of §3,000, to he approved by the court, conditioned for the payment of any sum which may be awarded to the attorney in any action of proceeding to establish his claim to compensation. As so modified the order should he affirmed, Without costs. Present — Ingraham, McLaughlin, Clarke, Houghton and Scott, JJ. Order modified as stated in memorandum, and as modified affirmed, without costs. Settle order on notice.