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TODD v. MUT. FACTORS

3 A.D.2d 537 (1957)

Michael R. Todd, Appellant, v. Mutual Factors, Inc., Respondent, et al., Defendant

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

April 30, 1957.

Attorney(s) appearing for the Case

Arthur Levine of counsel (Michael R. Todd, in person, attorney), for Michael R. Todd, appellant.

Robert Rubinger of counsel (Maurice Rubinger with him on the brief; Underhill & Rubinger, attorneys), for respondent.

PECK, P. J., BOTEIN and VALENTE, JJ., concur with BERGAN, J.; BREITEL, J., dissents and votes to affirm the judgment dismissing the complaint in opinion.

BERGAN, J.

This is an action by a lawyer to enforce his statutory lien against the assignee of his client. The services were performed for Erie Basin Iron Works, Inc., now in bankruptcy, in connection with claims against the United States Government. Erie had been engaged in marine repair and construction work and had performed work under contract with the Navy on the naval ship Greenville Victory.

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