FINKELSTEIN v. CAULDWELL WINGATE CO., INC.


29 A.D.2d 943 (1968)

Harvey Finkelstein, Appellant, v. Cauldwell Wingate Company, Inc., et al., Defendants. Pazer & Fischer, Appellants; Gair & Gair et al., Respondents

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

April 1, 1968


Order reversed on the law, without costs; and, in accordance, the third and fourth decretal paragraphs of the order, which fixed the outgoing attorneys' fee and lien at 15% of the final recovery, are struck out and the matter is remitted to the Special Term for a hearing and proceedings not inconsistent with the memorandum herein.

The affidavits disclose that plaintiff, injured by a falling clamp, retained one set of attorneys whom he discharged after only one week...

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