Opinion
March 6, 1962
Order, entered November 23, 1960, granting petitioner's motion to enforce his attorney's lien against the proceeds of a judgment, unanimously reversed, on the law and the facts, without costs, and the motion denied, on the condition, agreed to by the parties, that respondent-appellant pay to the petitioner the amount of his lien, and that petitioner file a surety bond, duly approved by a Justice of the Supreme Court, conditioned upon the repayment of any sum received by him from respondent-appellant in the event the judgment in "Anne M. Collins v. S. Klein on the Square, Inc." is finally vacated on appeal to this court or the Court of Appeals; or, in the event that the amount of the judgment is reduced on appeal, to repay to respondent-appellant any sum in excess of the lien of petitioner-respondent which may be fixed on the basis of such reduced judgment. Settle order on notice.
Concur — Botein, P.J., Valente, Eager and Bergan, JJ.