Neu v. Brooklyn Heights Railroad

The parties consented to try the issues as if in an action for money had and received. The attorneys under their agreement were entitled to one-half of the sum as adjusted. The sum paid in settlement as established by the Uncontradicted evidence is $450. This.must be taken as the basis of the attorneys’ claim (Pilkington v. Brooklyn Heights R. R. Co., 49 App. Div. 22), and, therefore, the judgment could not exceed seventy-five dollars. The judgment must be reversed and a new trial granted, unless the plaintiffs'within twenty days consent to a reduction .thereof to seventy-five dollars without costs, in which case it is affirmed, without costs.

■ Hirschberg, P. J., Woodward, Jerks, Hooker and Miller, JJ., concurred.

Judgment reversed and new trial granted, Costs to abide the event, unless the plaintiffs within twenty days consent to a reduction of the recovery to seventy-five dollars without costs, in which case it’ is affirmed, without costs.