GAGLIARDI v. ADOLPH TRUCKING CO., INC.


4 A.D.2d 676 (1957)

Frank Gagliardi, Appellant, v. Adolph Trucking Company, Inc., Defendant. Louis Rothbard, Respondent

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

June 3, 1957


Order modified by striking from the second ordering paragraph "in the amount of Eight Thousand Five Hundred and 00/100 ($8,500) Dollars" and by substituting therefor "of twelve and a half percent (12-½%)". As so modified, order, insofar as appealed from, affirmed, without costs. It is conceded by respondent that he has waived a lump sum lien and should have his lien fixed on a contingent percentage basis (Podbielski v. Conrad, 286 App. Div. 1040), the reasonable...

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