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1 N.Y.L. Jist 1 (1936-1937)

handle is hein.journals/newrojis1 and id is 1 raw text is: Nrw jark WLtuiht A Compendium of Current Decisions Report 4N-he Nei0o 4 Law Journal. Issued weekly throughout the year itbscriptn ly. C VOL. 1 No. 4 Journals:- Sept. 12 to Sept. 18, $?0 per annum * KEY TO REFERENCE: Title-court--county-term-da shed in New York Law Journal-page-column. APPEARANCE Although the State, by reason of its sovereignty, is immune from suit and cannot be sued without its consent, its voluntary appearance in the action (here, by the Comptroller, sued for license refund) constitutes a waiver of immunity and the Court has jurisdiction. (59 C. J. pp. 301, 302 * Czerechowski v Lome - Sup. Kings, Sp. 1 - 9115136 - 695 - 7 ATTORNEY & CLIENT SUBSTITUTION of attorneys does not become effective until a properly executed stipulation is filed with Clerk of Court (C. P. R. 56), but death of attorney terminates relationship ipso facto (209 N. Y. 360) and invalidates subsequent proceedings to effect substitution by filing his stipulation. Tasow v Howe - Sup. Kings, Sp. 1 - 9118136 - 737 - 6 In fixing ATTORNEY'S FEE, the degree of success attained by him is always an important elemen.t. Knidkerboicker (Steuer) - Sup. N. Y. Sp. 1 - 9116136 - 705 - 1 FAIR VALUE of attorney's services, as stated by him in contemplation of assured payment, would be increased when compensation assumes a con- tingent character. Knickerbocker (Steuer) - Supra Where attorney holds checks, payable to order of attorney and client and Court determines that said checks are wholly applicable to attorney's fee, an order is entered dispensing with necessity of client's indorsement and declaring attorney to be entitled to entire proceeds of check, a copy of which order, together with attorney's indorsement, is sufficient compliance with the technical requirements of the law merchant. Knickerbocker (Steuer) - Supra BENEVOLENT ASSOCIATIONS Although (1) he had no vested property rights in the association which could have been impaired by his expulsion, and (2) by-laws required no notice, yet natural justice required notification as to charges, hearing con- frontment and cross-examination of accusers; hence, petitioner re-instated. Kordes v Patehogue Patrolnen's Benevolent Ass'n - Sup., Suffolk - 9114136 - 684 - 1 CONSOLIDATION OF ACTIONS DELAY OF MUNICIPAL COURT ACTION being apparent design, motion to consolidate same with City Court action denied. Ehritch v Quality - City, Kings, Sp. 1 - 9114136 - 683 - 1 RIGHT TO OPEN AND CLOSE, in consolidated action of two actions wherein parties were plaintiff and defendant in reverse order respectively, should generally be awarded to the party who took the first litigational step. Copyright 1936 LEXAPEDIA PUBLISHING CO. 45 West 45th Street, N. Y. C. Digitized from Best Copy Available