Hyperlawhypertext legal database Lowery v. Brace 115 N.Y.S. 1129

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Lowery v. Brace

115 N.Y.S. 1129 Court N.Y. App. Div. Decision date 1909-02-04 English

Contents

Majority

p. 1129
LOWERY et al., Respondents, v. BRACE et al., Appellants.
(Supreme Court, Appellate Division, Fourth Department.
February 4, 1909.)

Headnote

Action by Edwin O. Lowery and another against William H. Brace and others.

Order reversed, without costs of this appeal to either party, and matter remitted to the Special Term for a rehearing of the motion upon five days’ notice, upon the papers already presented, and upon such further affidavits or evidence as either party may desire to present. Held, that the court should have determined the amount of the attorney’s lien, if any, and have permitted the payment of such lien as a condition of allowing the satisfactions to stand.