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In re Thiele

143 N.Y.S. 1011 Court N.Y. App. Div. Decision date 1913-11-14 English

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p. 1011
In re THIELE.
(Supreme Court, Appellate Division, First Department.
November 14, 1913.)

Headnote

Attobney and Client (§ 54*)—Pboceedings fob Pbofessional Misconduct— Suspension op Proceedings.
It appearing in proceedings against an attorney on charges of professional misconduct that the controversy is principally a dispute between him and another attorney; formerly his partner, and. that he has commenced an action against his former partner for an accounting, and claims that on that accounting a balance will be found due him, the proceedings will be suspended to give him a reasonable time to bring on the action, that the dispute may be tried out therein.
[Ed. Note.—For other cases, see Attorney and Client, Cent. Dig. § 73; Dec. Dig. § 54.[1] ) •
Proceedings against Carl L. Thiele, an attorney, on charges of professional misconduct.. Proceedings suspended.
Argued before INGRAHAM, P. J., and McLAUGHLIN, LAUGHLIN, CLARKE, and SCOTT, JJ.
Einar Chrystie, of New York City, for petitioner.
G. E. Joseph, of New York City, for respondent.

This controversy seems to be principally a dispute between two attorneys at law who have dissolved partnership. It appears by the answer of the respondent that he has commenced an action against his former partner for an accounting, and he claims that on that accounting a balance will be found due him. I am inclined to think that these proceedings should be suspended so as to give the respondent a reasonable time to bring on his action against his partner, and thus have the dispute tried out in that action rather than in these proceedings. If the respondent fails to bring on that action for hearing within a reasonable time, or after the decision of the court in that action, the petitioner may move to continue these proceedings.