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In re One Hundred & Twenty-Seventh Street

26 N.Y.S. 1114 Court N.Y. Gen. Term Decision date 1893-12-15 English

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p. 1114
In re ONE HUNDRED AND TWENTY-SEVENTH ST. In re DEERING.
(Supreme Court General Term, First Department.
December 15, 1893.)

Headnote

James A. Deering interposed a claim in the proceeding for the opening of One Hundred and Twenty-Seventh street
Argued before VAN BRUNT, P. J., and O’BRIEN and FOLLETT, JJ.
George G. Munger, for appellant.
Henry A. Powell, for respondent.

The record upon which this appeal is heard shows beyond dispute that the relation of attorney and client between Deering and James Baird never existed; and as that relation is the necessary foundation for an attorney’s lien, it follows that the attorney has' no lien upon the fund. The order should be affirmed, with $10 costs and disbursements.