Niemann v. Collyer — 53 N.Y. St. Rep. 934

Majority

p. 934

James P. Niemann. Re p’t, v. George B. Collyer, App'lt.

Headnote

Appeal from judgment in favor of plaintiff in an action for professional services.

Dennis McMahon, for app’lt; Jas P. Niemann, resp’t in person.

We do not find any valid exceptions. Only a question of fact is involved, viz.: the value of plaintiff’s services. The referee has large experience, and his findings are sustained by the evidence.

The plaintiff was called into important unfinished litigations to succeed very distinguished counsel who iiad failed to satisfy the client. Under such circumstances it cannot be successfully contended that the matters were trivial and not worthy of compensation.

Judgment affirmed, with costs.

Barnard, P. J., and Dykman, J., concur.