
    In re GARNER.
    (Supreme Court, Appellate Division, First Department.
    May 28, 1909.)
    Appeal from Special Term, New York County. Application by Elizabeth M. Garner for an order to compel an attorney to deliver up papers pending litigation. From an order granting the application on certain conditions and directing reference to determine the amount of the attorney’s lien, the petitioner appeals.
    Modified.
    L. Zinke, for appellant.
    E. A. Watson, for respondent.
   PER CURIAM.

The order appealed from should be modified, by striking out the provision for a reference, and by providing that the papers shall be delivered up to the petitioner upon payment by her of the sum of $1,500, or upon the giving by her of a bond in the sum of $3,000, to be approved by the court, conditioned for the payment of any sum which may be awarded to the attorney in any action or proceeding to establish his claim to compensation. As so modified, the order should be affirmed, without costs.  