LEVINE v. THRESHMAN


91 A.D.2d 789 (1982)

Hyman C. Levine, Respondent, v. Norman R. Threshman et al., Appellants

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

December 30, 1982


Plaintiff attorney was hired by defendants to obtain a "safe crossing" over railroad tracks owned by the Erie Lackawanna Railway Company located on defendants' farm. Although it was marked "Ready" at calendar calls on 10 occasions between September, 1971 and February, 1973, the action that plaintiff commenced never reached trial due to court congestion and the unavailability of witnesses. When a dispute arose between plaintiff and defendants concerning attorney's fees, plaintiff...

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