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WOJCIK v. MILLER BAKERIES CORP.

2 N.Y.2d 631 (1957)

Stanley Wojcik, Respondent, v. Miller Bakeries Corp. et al., Defendants. Emmanuel M. GeWertz, Appellant.

Court of Appeals of the State of New York.

Decided April 12, 1957.

Attorney(s) appearing for the Case

Emanuel M. GeWertz, in person, Otho S. Bowling and Robert F. Bowling for Emanuel M. GeWertz, appellant.

Harold L. Strauss for Queens County Bar Association, amicus curiæ, in support of appellant's position.

Emil Z. Berman for Metropolitan Trial Lawyers Association, amicus curiæ, in support of appellant's position.

Charles R. Lewis for respondent.

CONWAY, Ch. J., DESMOND and BURKE, JJ., concur with FROESSEL, J.; DYE and VAN VOORHIS, JJ., dissent in separate opinions in which FULD, J., concurs.

FROESSEL, J.

Respondent, Stanley Wojcik, was seriously injured in an automobile accident on June 4, 1952. First his wife, and then he, retained Emanuel M. GeWertz as his attorney, executing an agreement that provided for GeWertz's retaining 50% of all sums received or recovered by Wojcik through suit, settlement or otherwise by reason of his claim. GeWertz sought out and interviewed various witnesses, prepared...

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