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Fick v. New York & Long Island Traction Co.

159 N.Y.S. 1112 Court N.Y. App. Div. Decision date 1916-06-09 English

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p. 1112
Emil FICK, Jr., an infant, etc., et al., appellants, v. NEW YORK & LONG ISLAND TRACTION COMPANY, defendant, and James P. Kohler, respondent.
(Supreme Court, Appellate Division, Second Department.
June 9, 1916.)

Order modified, so as to make th stipulation required by it to be for $50 and re spondent’s actual disbursements in each ac tian, instead of 20 per cent, of the recovery o: settlement, and to give him a lien to that amoun upon each cause of action, and, as so modified affirmed. We make this disposition of the ap peal upon the ground that the person who pro cured from the plaintiff the retainers failei to reveal to the plaintiff his connection witl respondent, and that therefore plaintiff shouli be relieved from such retainer; but, as it doe; not appear that respondent was a participan in such action, we think he should be allowei the fair value of his actual services and dis bursements to the making of the motion, am we fix the value of the services at $150, or $5( in each case. Leave is granted to him, upoi the settlement of the order here, to file an af fidavit showing such actual disbursements copy of such affidavit to be served upon the op posing attorney with the notice of settlement Jenks, P. J., and Thomas, Carr, Mills, ani Rich, JJ., concur.