Minto v. Baur — 27 N.Y. St. Rep. 518

Majority

p. 518

Robert F. Minto et al. v. August Baur et al., Impl’d.^[1]

(Supreme Court, General Term, First Department,

Filed November 7, 1889.)

Headnote

Attorney and client—Lien.

In view of the cases of Coster v. Ferry Co., 5 Civ. Pro., 146; 98 H. Y., 660, and Keeler v. Keeler, 31 N. Y. State Rep., 667, reargument ordered as to whether attorney can continue action after settlement to recover agreed compensation in addition to costs.

Motion for reargument. >

James C. De la Mare, for motion; William F. Brown, opposed.

The case of Coster v. The Greenpoint Ferry Co., 5 Civ. Pro., 146, affirmed 98 N. Y., 660 , was not overlooked. It was not specially examined for the reason that it was not cited by Mr. De la Mare in support of his present contention, but in support of another and entirely different proposition, namely: that the attorney might proceed in the action without leave especially obtained. Upon examining the case minutely in the light of Mr. De la Mare’s affidavit with regard to the precise facts, I think it is worthy of full consideration. The question is a difficult one and in view of this Coster case and also of the general term decision in Keeler v. Keeler, 21 N. Y. State Rep., 667, I think there should be a reargument, but such reargument should be confined to this single point.

Yan Brunt, P. J., and Brady, J., concur.