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MADDAUS v. GOFFEN

2 N.Y.2d 32 (1956)

Paul Maddaus, Respondent, v. William Goffen, Appellant.

Court of Appeals of the State of New York.

Decided July 11, 1956.

Attorney(s) appearing for the Case

William Goffen, in person, Abraham Zemlock and Samuel Gewirtz for William Goffen, appellant.

Lewis F. Glaser and Daniel M. Sklar for respondent.

CONWAY, Ch. J., DYE and FROESSEL, JJ., concur with VAN VOORHIS, J.; BURKE, J., dissents in an opinion in which DESMOND and FULD, JJ., concur.

VAN VOORHIS, J.

This action concerns the sharing between two attorneys of the proceeds of a contingent fee earned in the prosecution of a death action in the United States District Court against the trustee of the Long Island Rail Road Company. The deceased was the husband of Frida S. Niedmann, and met his death in the Richmond Hill wreck on November 22, 1950.

Plaintiff, Paul Maddaus, was retained by Mrs...

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