Appellate Division of the Supreme Court of the State of New York February 17, 1959 (Koenig v. Ætna Casualty & Surety Co.)

Order denying petition to fix attorney’s statutory lien under section 475 of the Judiciary Law unanimously reversed on the law and in the exercise of discretion, and the petition granted, with costs to appellant. On the papers it is undisputed that plaintiff’s attorney served the summons on defendant Knickerbocker prior to a settlement by the carrier.