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CASAZZA v. AUTO. CO. OF NEW JERSEY

276 A.D. 923 (1950)

Mary Casazza et al., Plaintiffs, v. Automotive Co. of New Jersey, Defendant. Irving J. Tell, Former Attorney, Appellant; Mathew Vener, Substituted Attorney, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 30, 1950.

Under the circumstances disclosed by this record we find no abuse of the discretion vested in Special Term.

Wenzel, J., concurs except as to the provisions of the order which permits plaintiffs to apply for a reduction of the fee as fixed, and votes to modify the order by striking out such provision, with the following memorandum:

If the appellant's fee is fixed on a quantum meruit basis it should...

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