Murray v. Kelly
| Citation | 227 N.Y.S.2d 435,11 N.Y.2d 810 |
| Parties | , 182 N.E.2d 109 James MURRAY et al., etc., Respondents-Appellants, and Harry Matinsky et al., Intervenors-Respondents-Appellants, v. John KELLY, Individually, et al., Appellants-Respondents. Jack ZIPKIN et al., etc., Respondents-Appellants, and John Cunningham et al., Intervenors-Respondents-Appellants, v. David KAPLAN etc., et al., Appellants-Respondents. |
| Decision Date | 29 March 1962 |
| Court | New York Court of Appeals |
Appeal from Supreme Court, Appellate Division, First Department, 14 A.D.2d 528, 529, 217 N.Y.S.2d 146.
Actions were brought by certain members of local union, on behalf of themselves and on behalf of all other members of the union, similarly situated, against officers and trustees of union.
The Supreme Court, Special Term, New York County, Morris Spector, J., rendered a judgment granting counsel fees to the attorneys for the union members who brought the action, and for the intervenors, and rendered an order granting a motion for the appointment of a referee to hear and report on an application for additional fees, and the officers and trustees appealed.
The Appellate Division modified the judgment to the extent of reducing the fee awarded to one of the attorneys to $25,000 and the fee awarded to the other attorneys to $15,000, and reversed the order. Breitel, J., dissented in part.
The officers and trustees appealed to the Court of Appeals, and the members of the local union cross-appealed.
Samuel J. Cohen, New York City (Samuel J. Cohen and Bruce H. Simon, New York City, of counsel), for defendants-appellants.
Judgment affirmed, without costs. Appeal from order dismissed for non-finality.
All concur.
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