Since the record before us reflects that no objection was taken to jurisdiction, the court, in deference to the parties' right to chart their own litigation, could treat the proceeding in the hybrid form in which it was brought — as a plenary action against all of the named defendants for a money judgment and as a special proceeding pursuant to Judiciary Law § 475 to fix the amount of petitioner's fee (CPLR 320 [b]; cf., Gager v White,
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MATTER OF EPSTEIN & FURMAN
189 A.D.2d 738 (1993)
In the Matter of Epstein & Furman, Respondent. Robert W. Tuckman, Individually and as a Shareholder of Old Tyme Soft Drinks, et al., Appellants, v. Old Tyme Soft Drinks, Inc., et al., Appellants Robert W. Tuckman, Appellant, v. Good-O Acquisition Corporation et al., Appellants, et al., Defendants
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
January 28, 1993
January 28, 1993
Appellate Division of the Supreme Court of the State of New York, First Department.
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