Oishei v. Pennsylvania Railroad — 92 N.Y.S. 1136

Majority

p. 1136

OISHEI, Respondent, v. PENNSYLVANIA R. CO., Appellant, et al.

(Supreme Court, Appellate Division, First Department.

February 17, 1905.)

Headnote

Appeal from Special Term, New York County. Action by Paolo Cairo against the Pennsylvania Railroad Company. Continued after settlement by Achille J. Oishei, plaintiff’s attorney, to enforce an attorney’s lien on the proeeeeds -of a private settlement between the parties. From a judgment in favor of such attorney, the railroad company appeals. Reversed. Norman B. Beecher, for appellant. Thomas J. O’Neill for respondent.

The facts in this case present the questions discussed and decided in

p. 1137

Oishei v. Pennsylvania R. R. Co., and Bruno, 91 N. Y. Supp. 1034 , argued herewith; and, on the authority oí the opinion in that case, the judgment should be reversed, and a new trial granted with costs to the appellant to abide the event.