Opinion
July 11, 1967
Order, entered May 8, 1967, unanimously modified, on the law and on the facts, with $30 costs and disbursements to appellant, to the extent that the executrix herein is directed to turn over the files in her possession to the substituted attorney, upon his filing a security bond in the sum of $10,000; leave, however, is given to apply to Special Term for a determination of any dispute relative to the amount of fees claimed due. Under the circumstances of this case, provision for security will sufficiently protect the estate of the deceased attorney and at the same time the substituted attorney will be able to process the cases upon which agreement has not already been reached as to the fees to be paid.
Concur — Stevens, J.P., Eager, Steuer, Capozzoli and McGivern, JJ.