In re Senitha
| Decision Date | 03 December 1940 |
| Citation | 284 N.Y. 730,31 N.E.2d 200 |
| Court | New York Court of Appeals Court of Appeals |
| Parties | Application of Alada C. SENITHA. |
OPINION TEXT STARTS HERE
Appeal from Supreme Court, Appellate Division, Third Department, 252 App.Div. 304, 299 N.Y.S. 407.
Proceeding in the matter of the application of Alada C. Senitha for an order directing Francis A. McGurk, her former attorney, to deliver to her certain papers in the case of Senitha v. State, Claim #23722, now pending before the Court of Claims. The pending action in the Court of Claims was based on a claim of the petitioner against the State of New York arising out of the allegedly illegal and invalid seizure of petitioner's realty and other property damage and for personal injuries allegedly suffered by her as a result of the actions of the state in connection therewith.
After the notice of intention and claim had been filed by petitioner, the respondent Francis A. McGurk was retained as her trial attorney, and he conducted the trial before the Court of Claims. On the termination of the trial, the court directed the filing of briefs including findings of fact and conclusions of law in support of and in opposition to the claim. Thereafter respondent withdrew from the case, and petitioner demanded the surrender of the papers in his possession comprising the transcript of the minutes taken on the trial by the court stenographer, the various exhibits, including maps, photographs, documents, letters, etc., and other papers directly involved in and necessary to the completion of the work. Respondent declined to deliver the exhibits, etc., claiming liens, possessory and charging, to secure his compensation for services rendered and disbursements made.
From an order of the Appellate Division, 252 App.Div. 304, 299 N.Y.S. 407, reversing and modifying an order of the Court of Claims by reversing the same in part, granting petitioner's motion and, as so modified in accordance with its opinion, affirming the order, petitioner appeals, bringing for review also an intermediate order denying a motion for reargument, 254 App.Div. 621, 4 N.Y.S.2d 384.
Order affirmed.Olcott, Paul, Havens & Wandless, of New York City (William B. Shelton, of New York City, of counsel), for appellant.
Francis A. McGurk, of New York City (Richard S. Holmes, of New York City, of counsel), for respondent.
Order affirmed with costs.
All concur.
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Brody v. Leamy
...rule applies with equal force in the Court of Claims (Application of Senitha v. McGurk, 252 App.Div. 304, 299 N.Y.S.2d 407, affd. 284 N.Y. 730, 31 N.E.2d 200). Subject matter jurisdiction is lacking where the court enters a judgment which, by the law of its creation, it had no authority to ......