Callaghan v. Callaghan

Appellate Division of the Supreme Court of New York

Callaghan v. Callaghan

13 A.D.3d 406, 785 N.Y.S.2d 708

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 13, 2004

StatusPublished

Cited by2 cases

This text of 13 A.D.3d 406 (Callaghan v. Callaghan) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Callaghan v. Callaghan, 13 A.D.3d 406, 785 N.Y.S.2d 708 (N.Y. Ct. App. 2004).

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Opinion

In an action for a divorce and ancillary relief, the plaintiffs former attorney, Allan J. Berke, appeals from an order the Supreme Court, Westchester County (Montagnino, R.), entered February 10, 2004, which granted the plaintiffs motion pursuant to CELR 4401, made prior to the completion of a hearing to fix the amount of his retaining lien, for judgment as a matter of law dismissing his claim for an attorney’s fee and to direct him to turn over the plaintiffs legal file to incoming counsel.

Ordered that the appeal is dismissed, without costs or disbursements, as the order was superseded by an order of the same court entered April 9, 2004, made upon reargument (see Callaghan v Callaghan, 13 AD3d 406 [2004] [decided herewith]). Ritter, J.P., Goldstein, Smith and Fisher, JJ., concur.

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In an action for a divorce and ancillary relief, the plaintiffs former attorney, Allan J. Berke, appeals from an order the Supreme Court, Westchester County (Montagnino, R.), entered February 10, 2004, which granted the plaintiffs motion pursuant to CELR 4401, made prior to the completion of a hearing to fix the amount of his retaining lien, for judgment as a matter of law dismissing his claim for an attorney’s fee and to direct him to turn over the plaintiffs legal file to incoming counsel.

Ordered that the appeal is dismissed, without costs or disbursements, as the order was superseded by an order of the same court entered April 9, 2004, made upon reargument (see Callaghan v Callaghan, 13 AD3d 406 [2004] [decided herewith]). Ritter, J.P., Goldstein, Smith and Fisher, JJ., concur.

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Bluebook (online)

13 A.D.3d 406, 785 N.Y.S.2d 708, Counsel Stack Legal Research, https://law.counselstack.com/opinion/callaghan-v-callaghan-nyappdiv-2004.

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