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MARRELLO v. CAPUTO

4 A.D.2d 768 (1957)

Frank P. Marrello et al., Respondents, v. Fred P. Caputo et al., Appellants. Salva J. Summa et al., Respondents

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

July 1, 1957

Orders reversed, without costs, and applications remitted to Special Term for further proceedings not inconsistent herewith.

It was erroneous to impose, as a condition precedent to substitution of attorneys, the requirement that the fee of the replaced attorney be paid. (Bernstein v. Suchoff, 242 App. Div. 784; Fitzsimmons v. Long Is. Lighting Co., 251 App. Div. 395.) It would be proper to impose reasonable conditions for the protection of the retaining...

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