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In re Shanley

109 N.Y.S. 434 Court N.Y. App. Div. Decision date 1908-03-20 English

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p. 434
In re SHANLEY et al.
(Supreme Court, Appellate Division, First Department.
March 20, 1908.)

Headnote

Attorney and Client—Liabilities—Payment to Client—Order.
An order denying a motion to compel an attorney to pay over moneys collected by him for the petitioners should provide that the order shall not be a bar to any action by them against the attorney to recover the money.
Appeal from Special Term.
In the matter of the application of Owen Shanley and othérs for an order requiring Patrick A. McManus to pay over moneys received by him belonging to them. From an order ( 57 Misc. Rep. 8 , 107 N. Y. Supp. 913 ) denying a motion, an appeal was taken.
p. 435
Argued before INGRAHAM, LAUGHLIN, CLARKE, HOUGHTON, and SCOTT, JJ.
Lawrence N. Hartin, for appellants.
Edward J. Maxwell, for respondent.

The order should be modified so as to provide that said order shall not be a bar to any action commenced by the petitioners against their attorney to recover the money in question. As so modified the order should be affirmed, without costs.

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