Majority
p. 806
In the Matter of the Application of Ethel Hoffstaedter, Respondent, to Compel the Substitution of dos Passos Brothers, in the Place and Stead of Alexander Slater, Appellant, as Attorneys for Defendant in an Action Pending in Supreme Court, New York County, Wherein St. Louis Union Trust Company and Another, as Executors, etc., of Warwick Massey Hough, Deceased, Are Plaintiffs, and Said Ethel Hoffstaedter Is Defendant.
Order modified by providing for the substitution of attorneys on payment of the amount found due by the referee, or upon giving a surety company bond or other security acceptable to the attorney to insure the payment of his fees and disbursements, the attorney to retain all papers in this matter until the payment is made or the security given. No opinion. Settle order on notice. Present — Clarke, P. J., Dowling, Smith, McAvoy and Martin, JJ.