New York Court of Appeals
Harry A. Gair v. David W. Peck
May 28, 19596 N.Y.2d 97
Summary
The New York Court of Appeals reversed the Appellate Division’s declaration that the First Department lacked authority to adopt Rule 4 governing contingent fees, holding that the appellate division has power under Judiciary Law § 83 to promulgate procedural rules and that Rule 4 is a permissible procedural aid, not a substantive law conflict with § 474. The judgment was reversed and the case remanded to Special Term for further proceedings. Justice Burke and Justice Froessel each dissented, arguing the rule exceeds judicial authority.