Bieseithal v. Wise — 97 N.Y.S. 1128

Majority

p. 1128

BIESEITHAL v. WISE. In re WISE.

(Supreme Court, Appellate Division, First Depart ment.

March 9, 1906.)

Headnote

Appeal from Specia Term, New York County. Action by Isaac Biesenthal against Benjamin Wise. From ai order substituting certain attorneys as attor neys for defendant in the place of Leon Kron feld and another, they appeal. Modified.

Rob ert J. Robeson, for appellants.

Emanuel Yai Dernoot, for respondent.

The order appealed iron should be modified by striking out the seeonc provision thereof, providing that the paymenof the $75 specified shall be in full for al services rendered in the action, and substituí ing in place thereof a provision that appellant.1 Kronfeld and Harris be permitted to receive the $75 directed to be paid without prejudice tc the bringing of any action by them against the defendant, Wise, to recover further compen sation for the services rendered to him, if the; shall be so advised. As so modified, the ordei should be affirmed, without costs to eithei party.