Majority
p. 1140LISCHINSKY, Appellant, v. HELLINGER, Respondent. (Supreme Court, Appellate Division, First Department. March 9, 1906.)
Headnote
Appeal from Special Term, New York County. Application of Louis Lischinsky against Samuel Hellinger. From an order denying a motion to compel defendant, as attorney, to pay over certain, moneys, applicant appeals.Modified and affirmed.
Max Schleimer, for appellant.
Thomas J. O’Neill, for respondent.
To obviate any question as to the order herein being pleaded as a bar, it should be modified by adding a provision thereto that it is without prejudice to such further action by petitioner as he may be advised; and, as so modified, it should be affirmed, without costs.