SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT
December 2, 1969
CAROLE KATZ, PLAINTIFF,
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.
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.
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