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CAROLE KATZ v. ARNOLD KATZ (12/02/69)

December 2, 1969

CAROLE KATZ, PLAINTIFF,
v.
ARNOLD KATZ, DEFENDANT. JAY JULIEN, APPELLANT; ERDHEIM & SHALLECK, RESPONDENT



Concur -- Capozzoli, J. P., Tilzer, McGivern, Nunez and Steuer, JJ.

The facts presented, especially the absence of any claim of an attorney's lien, indicate that the outgoing attorneys' proper remedy is a plenary action and not the disposition of their claim by means of a reference in a special proceeding.

Disposition

Order, entered on June 11, 1969, unanimously modified on the law and the facts to the extent of striking therefrom the provision directing a reference on the question of the outgoing attorneys' fee and otherwise affirmed, without costs or disbursements.

19691202

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