Majority
p. 867In the Matter of the Application of Cecile Kennedy, Respondent, to Compel Alfred L. Marilley, an Attorney and Counselor at Law, Appellant, to Pay Over Certain Moneys.
Order reversed, with ten dollars costs and disbursements and motion denied, with ten dollars costs, and the proceeding dismissed, upon the ground that the petitioner has not established her right to hold the appellant liable in a summary proceeding, and she is, therefore, relegated to the assertion of what right she may have in a common-law action. Present — Clarke, P. J., Dowling, Merrell, McAvoy and Burr, JJ.