Dempsey v. Kirschner

Appellate Division of the Supreme Court of New York

Dempsey v. Kirschner

30 A.D.2d 697, 291 N.Y.S.2d 931, 1968 N.Y. App. Div. LEXIS 3643

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

DecidedJune 24, 1968

StatusPublished

This text of 30 A.D.2d 697 (Dempsey v. Kirschner) 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

Dempsey v. Kirschner, 30 A.D.2d 697, 291 N.Y.S.2d 931, 1968 N.Y. App. Div. LEXIS 3643 (N.Y. Ct. App. 1968).

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Opinion

Order of the Supreme Court, Westchester County, dated October 23, 1967, affirmed, with $10 costs and disbursements. Appellants, attorneys substituted for plaintiff in the prosecution of a negligence action on behalf of defendant Kirschner, received in settlement a sum upon part of which plaintiff claimed an equitable lien. In our opinion, appellants were properly made parties defendant in the instant plenary action by plaintiff to recover for his legal services and disbursements, notwithstanding that appellants had, pursuant to an order made in the negligence action, deposited a part of the settlement moneys in escrow in a hank account (CPLR 1002; see Miller-Schlott, Inc. v. Title Guar. & Trust Co., 237 App. Div. 859; Land Mark Corp. v. Manufacturers Trust Co., 238 App. Div. 844 ; 2 Weinstein-Korn-Miller, N. Y. Civ. Prac., par. 1006.13). Beldock, P. J., Christ, Brennan, Hopkins and Benjamin, JJ., concur.

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Order of the Supreme Court, Westchester County, dated October 23, 1967, affirmed, with $10 costs and disbursements. Appellants, attorneys substituted for plaintiff in the prosecution of a negligence action on behalf of defendant Kirschner, received in settlement a sum upon part of which plaintiff claimed an equitable lien. In our opinion, appellants were properly made parties defendant in the instant plenary action by plaintiff to recover for his legal services and disbursements, notwithstanding that appellants had, pursuant to an order made in the negligence action, deposited a part of the settlement moneys in escrow in a hank account (CPLR 1002; see Miller-Schlott, Inc. v. Title Guar. & Trust Co., 237 App. Div. 859; Land Mark Corp. v. Manufacturers Trust Co., 238 App. Div. 844 ; 2 Weinstein-Korn-Miller, N. Y. Civ. Prac., par. 1006.13). Beldock, P. J., Christ, Brennan, Hopkins and Benjamin, JJ., concur.

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Bluebook (online)

30 A.D.2d 697, 291 N.Y.S.2d 931, 1968 N.Y. App. Div. LEXIS 3643, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dempsey-v-kirschner-nyappdiv-1968.

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