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Howe v. Howe

159 N.Y.S. 1119 Court N.Y. App. Div. Decision date 1915-11-19 English

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p. 1119
Edith M. HOWE, respondent, v. Alfred F. HOWE, appellant.
(Supreme Court, Appellate Division, Second Department.
November 19, 1915.)

The defendant neglected his opportunity to appeal from the order until, by agreement with his wife, he was enabled to embarrass the recovery of compensation by plaintiff’s counsel. For this reason the order should be affirmed without expression of opinion as to the right of the attorney to base a recovery for his services upon the order. Order affirmed, with §10 costs and disbursements. Jenks, P. J., and Thomas, Can, Stapleton, and Putnam, JJ., concur.