B. Indiviglio & Sons v. Miccio, 264 A.D. 847 (N.Y. App. Div. 1st Dep't 1942). · Go Syfert
B. Indiviglio & Sons v. Miccio, 264 A.D. 847 (N.Y. App. Div. 1st Dep't 1942). Cases Citing This Book View Copy Cite
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B. Indiviglio & Sons, a Copartnership Composed of Benjamin Indiviglio and Others
v.
Louis Joseph Miccio and Others, Anderson Brick & Supply Co., Inc., Lienor
Appellate Division of the Supreme Court of the State of New York.
Jun 19, 1942.
Published opinion
264 A.D. 847
1942 N.Y. App. Div. LEXIS 5017
Published

Order, so far as appealed from, unanimously modified by striking therefrom subdivision d of paragraph 11, and as so modified affirmed, with twenty dollars costs and disbursements to the appellant. The action was not a representative one and there was no warrant in law for a direction to pay plaintiff’s attorney a counsel fee which would diminish the share of those lienors who had no contract with said attorney. Present —■ Martin, P. J.. Townley, Glennon, Cohn and Callahan, JJ. [See post, p. 918.]