Gillespie v. Mulholland — 59 N.Y. St. Rep. 407

Majority

p. 407

In the Matter of Michael H. Gillespie v. John Mulholland.

(New York City Court, General Term,

Filed May 18, 1894.)

Headnote

Attorney—Summary proceedings.

In a summary proceeding to compel an attorney to pay over the proceeds of collections to his client, the special term may direct a reference to determine and report upon the questions arising upon the application.

Appeal from order granting reference, etc.

James Kearney, for app’lt; Jeroloman & Arrowsmith, for resp’t.

It appears that Mulholland, the person proceeded against, collected the amount of a judgment recovered in this court, and declined to pay over the proceeds to the firm of Gillespie Brothers, to whom they belonged. These persons thereupon applied to the court for an order directing Mulholland, as an attorney and officer of the court, to pay the proceeds over, according to the duty incumbent upon him as such attorney and officer. The justice at special term, as he lawfully might, directed a reference to determine and report upon the questions arising upon the motion. Code § 3172. Nothing has been decided against the appellant, and the only question submitted for review is whether the court below had the power to make the order directing a referee - to inquire into the facts. As the statute furnishes warrant for the power assumed, there remains nothing for us to do but to affirm the order appealed from, with costs.

Van Wyck and McCarthy, J. J., concur.