In the Matter of the Application of Lena Scheier and Others for Payment of Award Made for Damage Parcel No. 57A on the Damage Map, etc., in Proceedings to Open East Two Hundred and Twenty-second Street in the Borough of The Bronx, City of New York. William F. Burrough, Appellant; Lena Scheier and Others, Respondents.
Appeal from an order of the Supreme Court, made "at the New York Special Term and entered in the office of the clerk of the county of New York on the 6th day of August, 1913, granting a motion to vacate notices of attorney’s lien filed by the appellant with the comptroller of the city of New York against a street opening award.
[MAJORITY — Per Curiam:]
Per Curiam:
Order appealed from, canceling appellant’s notice of attorney’s lien in eminent domain proceeding, modified by striking therefrom in the recital of what was made to appear to the court the words “ that the services of the said William F. Burrough in this proceeding were of no value and,” and the words in the same sentence “or to any compensation herein,” and by inserting a clause to the effect that the order is without prejudice to the right of the attorney to bring an action, or actions to recover for his services in the proceeding, and as thus modified affirmed, without costs. Present—Ingraham, P. J., McLaughlin, Laughlin, Clarke and Scott, JJ. Order modified as directed in opinion and as modified affirmed, without costs. Order to be settled on notice.