Opinion
January 5, 1940.
Appeal from the Municipal Court of the City of New York, Borough of Manhattan, First District.
Theodore D. Stein, for the appellant.
Leonard Bronner, Jr, attorney, in person.
Although the Municipal Court had no jurisdiction to enforce the attorney's lien against the third party defendant ( Matter of Gordon, 173 N.Y.S. 426) it had power to vacate the satisfaction of the judgment. ( Duringshoff v. Coates Co., 93 Misc. 485.)
Order modified by striking out so much thereof as determines the amount of the attorney's lien and dismissing proceeding to enforce lien, without prejudice, and, as modified, affirmed.
All concur. Present — McCOOK, HAMMER and SHIENTAG, JJ.