Filer v. Korn — 52 N.Y. St. Rep. 266

Majority

p. 266

Adolph Filer, App'lt, v. Tobias Korn, Resp't.

(City Court of New York, General Term,

Filed April 14, 1893.)

Headnote

Discontinuance—Costs.

Courts will not favor the settlement of actions, where the same is collusively made for the purpose of defrauding an attorney out of his costs.

Appeal from so much of an order granting motion for discontinuance as requires the payment of costs.

Myer J. Stein, for app’lt; A. H. Berrick, for resp’t.

The plaintiffmade a motion to discontinue this action on the ground that the parties hereto had settled their differences. The motion was granted upon the payment of costs.

That part of the order requiring payment of costs appears not to satisfy plaintiff, and therefore this appeal.

It is very true, as appellant’s counsel contends, that the courts favor settlements of lawsuits by parties thereto, but where it is

p. 267

collusively done, for the purpose of defrauding an attorney out of his costs, such settlements do not receive favorable recognition nor are they encouraged by judges.

Lawyers should also discourage such a practice; we are told that the laborer is worthy of his hire, and carrying out that notion we say that a lawyer is worthy of his bill of costs, at least, and should not be deprived of the same.

' We may be depended upon in all proper cases, and this is one, to aid him in the procuration of his just dues.

Order affirmed, with costs.

McG-own and Yah Wyck, JJ., concur.