Majority
Headnote
Appeal from Special Term, New York County. Action by William E. Degnan and Rose F. Gallagher against Mary A. Hagerty, individually and as executrix, etc., of Edward J. Hagerty, deceased, and Edward W. Desmond and others. Special proceeding on behalf of Mary A. Hagerty and another, and on behalf of Rose F. Gallagher, to compel John Vincent, an attorney, to pay over certain moneys. From orders directing him to pay the money to petitioners, Vincent appeals. Order modified, and, as modified, affirmed. Edward J. McGuire, for appellant. Frederick St. John, for respondent Hagerty. Gilbert D. Lamb, for respondent Gallagher-.We have carefully examined the voluminous record, and are satisfied with the result reached by tire learned Special Term, with one exception. In the matter of Hagerty it was determined that the amount of the fee in the second suit of Realty Trust Company v. Hagerty should be 10 per cent, of the amount realized by Mrs. Hagerty from her share impounded with the chamberlain of the city of New York; said share being §32,328.50. The court overlooked the fact that involved in this suit was the Seventy-eighth street property, in which Mrs. Hagerty’s share was §0,288.78, and, applying the rule laid down by the court, the attorney should have been allowed 10 per cent, upon this amount, or §028.87. It therefore follows that the order should be modified, by directing that the amount to be paid to Mrs. Hagorty, namely, §6,854.15, should be reduced by $028.87, making a total of $6,225.28, and, as so modified, affirmed. The order in the Gallagher matter is affirmed. No costs in this court to either party on either appeal.