Majority
p. 794The People of the State of New York ex rel. Hillcrest Investors, Inc., Relator, v. James J. Sexton and Others, as Commissioners of Taxes and Assessments of the City of New York, Defendants. In the Matter of the Application of Redmond F. Kernan, Jr., Attorney for the Above-Named Relator, to Determine and Enforce the Equitable Assignment and Lien of Said Attorney on the Funds of the Above Relator in the Hands of the Comptroller of the City of New York, Appellant. Normar Real Estate Corporation and Others, Respondents.
Order denying petitioner’s motion for an order vacating the order entered April 5, 1935, and to determine and fix a lien of petitioner in the sum of $2,203.68 now held by the comptroller of the city of New York for Hillcrest Investors, Inc., and to direct the comptroller to pay said sum to petitioner in satisfaction of his lien, unanimously reversed, with twenty dollars costs and disbursements, and the matter remitted to Hon. James A. O’Gorman, official referee, to determine the existence and extent of the lien. No opinion. Present — Martin, P. J., McAvoy, O’Malley, Townley and Glennon, JJ.