29 A.D.2d 549 | N.Y. App. Div. | 1967
In a negligence action to recover damages for personal injuries, plaintiffs appeal from so much of an order of the Supreme Court, Suffolk County, dated June 2, 1965, as, in granting their motion for substitution of attorneys, fixed respondent’s fee as outgoing attorney at 15% of plaintiffs’ eventual recovery, directed that his lien attach to such recovery and provided for payment of the lien. Order reversed insofar as appealed from, on the law, without costs, and matter remitted to the 'Special Term for a hearing before a Referee and a determination de nova in accordance herewith. No questions of fact have been considered on this appeal. Respondent was