Majority
p. 833Roman Godlewski, as Administrator, etc. [Hugh B. Chace, Jr., as Substituted Administrator, etc.], of Chester Godlewski, Deceased, Plaintiff, v. E. R. Squibb & Company and William B. Zaidel, Individually and Trading under the Name of Zaidel, Defendants. In the Matter of the Application of Hugh B. Chace, Jr., as Administrator, etc. of Chester Godlewski, Deceased, for Leave to Compromise a Cause of Action for the Death of Decedent. Roman Godlewski and William L. Clay, as Attorney, etc., Appellants; Hugh B. Chace, Jr., as Administrator, etc., of Chester Godlewski, Deceased, Respondent.
Order affirmed, with ten dollars costs and disbursements. All concur. (The order of Niagara Surrogate’s Court provides that the payment in settlement of a Supreme Court negligence action be paid to the administrator, without provision for the lien of the attorney under his retainer.) Present — Cunningham, Taylor, Dowling, Harris and McCurn, JJ.