Appellate Division of the Supreme Court of New York, 1941

Cup Craft Paper Corp. v. Federal Paper Board Co.

Appellate Division of the Supreme Court of New York · Decided June 6, 1941

262 A.D. 91; 28 N.Y.S.2d 85; 1941 N.Y. App. Div. LEXIS 5297

Counsel

Ludwig Teller of counsel [Schlesinger & Krinsky, attorneys], for the appellants-respondents., Henry Braverman of counsel [William Braverman with him on the brief], for the respondent-appellant.

Opinion of the Court

Per Curiam.

The attorneys could not be required, against their will, to represent the trustee in bankruptcy in lieu of the plaintiff by whom they were retained. (Matter of Dunn, 205 N. Y. 398.) Upon such a substitution, therefore, the attorneys were entitled to reasonable compensation for services theretofore rendered. (Matter of Krooks, 257 N. Y. 329; Matter of Tillman, 259 id. 133.) The amount of their lien should be referred to an official referee to hear and report thereon to the court.

The orders, so far as appealed from, should be modified accordingly, and as so modified affirmed, with costs to the appellants-respondents.

Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.

Orders, so far as appealed from, unanimously modified as stated in opinion, and as so modified affirmed, with costs to the appellants-respondents. Settle order on notice.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.