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Becker v. Berry Brothers Jamaica Corp.

258 A.D. 1071 Court N.Y. App. Div. Decision date 1940-02-19 English

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p. 1071
George F. Becker, as Administrator, etc., of Charlotte Becker, Deceased, George F. Becker, as Administrator, etc., of Florence Becker, Deceased, Dolores Suber, an Infant, by Gladys Mendes, Her Guardian ad Litem, and David Suber, Plaintiffs, v. The Berry Brothers Jamaica Corporation, Clarence Chestnut and Ornie Ray, Defendants. In Re Attorney’s Lien, George F. Becker, as Administrator, etc., of Charlotte Becker and Florence Becker, Deceased, Appellant; Gabriel Rubino, Attorney, Respondent.

Order substituting attorney and fixing lien of outgoing attorney for services, modified by striking from the second ordering paragraph the words: “33 1/3% of any and all sums received or recovered by way of compromise, settlement, judgment or otherwise therein;” and by substituting in lieu thereof the following: “ 66 2/3% of the total sum allowed or fixed, pursuant to agreement or otherwise, as attorneys' fees;”. As so modified, the order is affirmed, without costs. No opinion. Lazansky, P. J., Hagarty, Adel, Taylor and Close, JJ., concur.