Appellate Division of the Supreme Court of New York, 1914

Farago v. New York Rys. Co.

Appellate Division of the Supreme Court of New York · Decided May 1, 1914

147 N.Y.S. 303 (New York Supplement)

Counsel

James L. Quackenbush, of New York City (Bayard H. Ames, of New York City, of counsel, and Johú Montgomery, of New York City, on the brief), for appellant., Roger Foster, of New York City, for respondent Sigmund Rotter.

Opinion of the Court

PER CURIAM.

Wre are satisfied that the learned Special Term was right in finding that the attorney had been duly retained. We see no reason why an end should not be put to this controversy. The agreement was that the attorney should receive 33% per cent, upon a settlement and 50 per cent, upon a judgment. The case was settled for $870.

The order appealed from should therefore be modified by providing that the defendant’s motion to discontinue be granted upon the payment to plaintiff’s attorney Sigmund Rotter of $290, one-third of the amount of settlement, $10 costs of the motion below, $10 costs on this appeal, and the respondent’s disbursements, and, as so modified, affirmed.

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