In re Redman & Rogers

Appellate Division of the Supreme Court of New York

In re Redman & Rogers

1 A.D.2d 975, 151 N.Y.S.2d 30, 1956 N.Y. App. Div. LEXIS 5736

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

DecidedApril 23, 1956

StatusPublished

Cited by2 cases

This text of 1 A.D.2d 975 (In re Redman & Rogers) 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

In re Redman & Rogers, 1 A.D.2d 975, 151 N.Y.S.2d 30, 1956 N.Y. App. Div. LEXIS 5736 (N.Y. Ct. App. 1956).

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Opinion

Appeal from an order denying appellants’ application to determine the extent of their lien, for legal services, on the subject matter and property involved in an action to impress a trust on real property in Westchester County. Order affirmed, without costs. A charging lien cannot exist unless it is an element, express or implied, of the agreement that the lawyer is to be paid out of the fruits of the judgment. In this case, appellants effectively waived their lien (1) by the agreement of December 4, 1952, wherein they agreed to do their work in the Westchester action on the credit of Roy Newitt and not on the credit of the cause of action; (2) by the agreement of May 11, 1953, made more than two months after the entry of judgment, whereby they gave the client an extension of time for one year to make payment, and took an assignment of a mortgage [976]*976as collateral security for the payment of their fee. (Matter of Heinsheimer, 214 N. Y. 361.) Nolan, P. J., Beldock, Murphy, Ughetta and Hallinan, JJ., concur. [See post, p. 1026.]

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Appeal from an order denying appellants’ application to determine the extent of their lien, for legal services, on the subject matter and property involved in an action to impress a trust on real property in Westchester County. Order affirmed, without costs. A charging lien cannot exist unless it is an element, express or implied, of the agreement that the lawyer is to be paid out of the fruits of the judgment. In this case, appellants effectively waived their lien (1) by the agreement of December 4, 1952, wherein they agreed to do their work in the Westchester action on the credit of Roy Newitt and not on the credit of the cause of action; (2) by the agreement of May 11, 1953, made more than two months after the entry of judgment, whereby they gave the client an extension of time for one year to make payment, and took an assignment of a mortgage [976]*976as collateral security for the payment of their fee. (Matter of Heinsheimer, 214 N. Y. 361.) Nolan, P. J., Beldock, Murphy, Ughetta and Hallinan, JJ., concur. [See post, p. 1026.]

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Bluebook (online)

1 A.D.2d 975, 151 N.Y.S.2d 30, 1956 N.Y. App. Div. LEXIS 5736, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-redman-rogers-nyappdiv-1956.

Opinion

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