Contracts · MBE-tested
B. Indiviglio & Sons, a Copartnership Composed of Benjamin Indiviglio and Others, Respondents, v. Louis Joseph Miccio and Others, Defendants. Anderson Brick & Supply Co., Inc., Lienor, Appellant
264 A.D. 847·New York Supreme Court, Appellate Division·1942·NY
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Opinion
B. Indiviglio & Sons, a Copartnership Composed of Benjamin Indiviglio and Others, Respondents, v. Louis Joseph Miccio and Others, Defendants. Anderson Brick & Supply Co., Inc., Lienor, Appellant.
[MAJORITY]
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.]