Opinion
June 6, 1941.
Appeal from Supreme Court of New York County, McGEEHAN, J.
Ludwig Teller of counsel [ Schlesinger Krinsky, attorneys], for the appellants-respondents.
Henry Braverman of counsel [ William Braverman with him on the brief], for the respondent-appellant.
Present — MARTIN, P.J., O'MALLEY, TOWNLEY, GLENNON and UNTERMYER, JJ.
The attorneys could not be required, against their will, to represent the trustee in bankruptcy in lieu of the plaintiff by whom they were retained. ( Matter of Dunn, 205 N.Y. 398.) Upon such a substitution, therefore, the attorneys were entitled to reasonable compensation for services theretofore rendered. ( Matter of Krooks, 257 N.Y. 329; Matter of Tillman, 259 id. 133.) The amount of their lien should be referred to an official referee to hear and report thereon to the court.
The orders, so far as appealed from, should be modified accordingly, and as so modified affirmed, with costs to the appellants-respondents.
Orders, so far as appealed from, unanimously modified as stated in opinion, and as so modified affirmed, with costs to the appellants-respondents. Settle order on notice.