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Cohen v. Cessna Aircraft Co.

Appellate Division of the Supreme Court of New York, Second Department
Mar 14, 1977
56 A.D.2d 860 (N.Y. App. Div. 1977)

Opinion

March 14, 1977


In a wrongful death action, plaintiff appeals, as limited by her brief, from (1) so much of an order of the Supreme Court, Suffolk County, dated June 18, 1976, as, upon granting her motion for substitution of counsel, directed that she reimburse the outgoing attorneys a stipulated sum representing their disbursements as a precondition to the turnover of the case file and (2) so much of a further order of the same court dated August 11, 1976, as, upon granting her motion for renewal, adhered to the aforesaid portion of the original determination. Appeal from the order dated June 18, 1976 dismissed. That order was superseded by the order granting renewal. Order dated August 11, 1976 affirmed insofar as appealed from. Respondents are awarded one bill of $50 costs and disbursements to cover both appeals. When the relationship of attorney and client was terminated, the outgoing attorneys were entitled to be reimbursed for the disbursements properly chargeable against plaintiff before being compelled to deliver the case file to her (see Di Somma v Hyshiver, 38 A.D.2d 947; Caruso v Sinistorie, 18 A.D.2d 1074; Silverstein v National Auto Renting Corp., 4 A.D.2d 869). Hopkins, Acting P.J., Latham, Damiani and Rabin, JJ., concur.


Summaries of

Cohen v. Cessna Aircraft Co.

Appellate Division of the Supreme Court of New York, Second Department
Mar 14, 1977
56 A.D.2d 860 (N.Y. App. Div. 1977)
Case details for

Cohen v. Cessna Aircraft Co.

Case Details

Full title:ELIZABETH COHEN, Individually and as Administratrix of the Estate of…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 14, 1977

Citations

56 A.D.2d 860 (N.Y. App. Div. 1977)

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