Dumowith v. Marks

BLANCHARD, J. The proceedings taken by the plaintiff’s attorney, by virtue of the concluding clause of section 66 of the Code of Civil Procedure, to ascertain and enforce payment of his lien, are proper only between attorney and client. Rochfort v. Met. Street Ry. Co., 50 App. Div. 261, 63 N. Y. Supp. 1036. Nor does it appear that the plaintiff is insolvent. Youngv. Howell, 64 App. Div. 246, 72 N. Y. Supp. 5. The judgment and order appealed from should be reversed, with costs. All concur.