Green v. Green

Appellate Division of the Supreme Court of New York

Green v. Green

170 A.D.2d 1026, 566 N.Y.S.2d 898, 1991 N.Y. App. Div. LEXIS 1765

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

DecidedFebruary 1, 1991

StatusPublished

This text of 170 A.D.2d 1026 (Green v. Green) 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

Green v. Green, 170 A.D.2d 1026, 566 N.Y.S.2d 898, 1991 N.Y. App. Div. LEXIS 1765 (N.Y. Ct. App. 1991).

Pincite

Opinion

Order and judgment unanimously reversed on the law with costs and motion dismissed. Memorandum: Supreme Court mistakenly concluded that the motion to fix attorney’s fees was for enforcement of an attorney’s charging lien under section 475 of the Judiciary Law. The motion papers made no mention of a lien or of any fund upon which a lien would attach. Moreover, the court’s judgment was personal in nature whereas a lien proceeding is in rem. (Appeal from Order and Judgment of Supreme Court, Ontario County, Wesley, J.—Attorney’s Fees.) Present—Callahan, J. P., Doerr, Green, Lawton and Davis, JJ.

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Order and judgment unanimously reversed on the law with costs and motion dismissed. Memorandum: Supreme Court mistakenly concluded that the motion to fix attorney’s fees was for enforcement of an attorney’s charging lien under section 475 of the Judiciary Law. The motion papers made no mention of a lien or of any fund upon which a lien would attach. Moreover, the court’s judgment was personal in nature whereas a lien proceeding is in rem. (Appeal from Order and Judgment of Supreme Court, Ontario County, Wesley, J.—Attorney’s Fees.) Present—Callahan, J. P., Doerr, Green, Lawton and Davis, JJ.

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Bluebook (online)

170 A.D.2d 1026, 566 N.Y.S.2d 898, 1991 N.Y. App. Div. LEXIS 1765, Counsel Stack Legal Research, https://law.counselstack.com/opinion/green-v-green-nyappdiv-1991.