Opinion
January 23, 1950.
Appeal from Supreme Court, Kings County.
On argument before this court, counsel for appellants stated that no suggestion had been made at Special Term that testimony be taken as to the reasonable value of respondents' services, or as to any other question of fact, and appellants do not urge on this appeal that the matter be remitted to Special Term for determination after such a hearing. Order, insofar as appealed from, modified on the facts so as to provide that the lien of respondents be fixed in the sum of $3,000, and, as so modified, affirmed, without costs. On consideration of the circumstances disclosed by the record, it is our opinion that the fixing of the lien in the amount of $4,750 was an improvident exercise of discretion, and that the reasonable value of respondents' services does not exceed the amount hereby fixed. Nolan, P.J., Adel, Sneed, Wenzel and MacCrate, JJ., concur. [See post, p. 973.]