Pinkney v. Hunt — 241 N.Y. 529

Majority

p. 529

In the Matter of the Application of Townsend Pinkney, Appellant, v. Leavitt J. Hunt et al., Composing the Firm of Hunt, Hill & Betts, Respondents.

Headnote

Attorney and client — summary order directing attorneys to turn over books, papers and property of client denied — compensation of attorneys — lien.

Matter of Pinkney v. Hunt, 214 App. Div. 718 , affirmed.

(Argued October 8, 1925;

decided October 27, 1925.)

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 9, 1925, which reversed an order of Special Term granting a motion for a summary order directing the

p. 530

respondents herein forthwith to turn over and deliver all books, papers and other property belonging to the petitioner, Townsend Pinkney, individually and as executor and trustee of and under the last will and testament of Cornelius S. Pinkney, deceased, and to account for and pay over all moneys withheld by said respondents from said petitioner, denied the said motion, fixed the compensation of the said respondents as attorneys for said petitioner and established a hen in favor of said respondents upon the papers and property of the petitioner individually and as executor and trustee in their hands until said compensation should be paid or security given therefor.

Frank W. Wiswall and Harold E. Lippincott for appellant.

Walter A. Peterson and Robert McLeod Jackson for respondents.

Order affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.