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Reinlieb v. Kerbaugh

223 A.D. 702 Court N.Y. App. Div. English

Contents

Majority

p. 702
Albert Reinlieb, Appellant, v. Henry S. Kerbaugh and Another, Defendants. Pfeiffer & Crames, Respondents.

Headnote

Appeal from an order of the Supreme Court, entered in the New York county clerk’s office August 1, 1927, directing substitution of attorneys and granting former attorneys a lien of twenty per cent upon any recovery in the action herein, and also from an order entered September 30, 1927, denying a motion for reargument.

The appeal from the order denying motion for reargument is dismissed. The order directing substitution will be modified by reducing the amount of the lien to five per cent and as so modified affirmed, with ten dollars costs and disbursements to the appellant. This affirmance is not predicated upon any criticism of the appellant’s present attorney. We find nothing in the record to justify the criticism of him contained in respondent’s brief and affidavits. Present — Dowling, P. J., Merrell, Finch, McAvoy and Proskauer, JJ. Appeal from order denying motion for reargument dismissed. Order directing substitution modified by reducing the amount of the hen to five per cent and as so modified affirmed, with ten dollars costs and disbursements.