Hoy v. Hoy — 127 N.Y.S. 1125

Majority

p. 1125

HOY v. HOY et al.

(Supreme Court, Appellate Division. Second Department.

February 17, 1911.)

Headnote

Action by James E. Hoy against Thomas F. Hoy, individually, and others.

So much of the order as is . áppealed from is reversed, with $10 costs and disbursements, upon the authority of Roake v. Palmer, 119 App. Div. 64 , 103 N. Y. Supp. 862 , and Johnson v. Ravitch 113 App. Div. 810 , 99 N. Y. Supp. 1059 , and the proceedings are remitte¿ to the Special Term, to take proof of the fflir and reasonable value of the services of the respondent, Michael J. Walsh, to date, for which sum he shall have a lien upon the inter-*

p. 1126

est of the appellants herein in _ the property which is the subject of this action, or in the proceeds of the sale thereof.

Cases cited

Roake v. Palmer 119 App. Div. 64 N.Y. App. Div. 1907-04-19 at 103 p. 1125