In re Robinson

Appellate Division of the Supreme Court of New York

In re Robinson

100 A.D.2d 724, 473 N.Y.S.2d 657, 1984 N.Y. App. Div. LEXIS 17712

Appellate Division of the Supreme Court of the State of New York·Decided March 6, 1984·Published·Cited by 2 cases

Opinion

Order, insofar as appealed from, unanimously reversed, without costs, and lien vacated. Memorandum: Petitioner appeals from so much of the order of Special Term as granted his former attorney a quantum meruit charging lien under section 475 of the Judiciary Law on the proceeds of a [725] section 1983 civil rights action (US Code, tit 42). Inasmuch as petitioner’s former attorney had not yet commenced the civil rights action, he was not entitled to a charging lien (see 7 NY Jur 2d, Attorneys at Law, § 182, p 108; Lebovic v Ballantine & Sons, 12 AD2d 494). (Appeal from order of Supreme Court, Erie County, Bayger, J. — attorney’s lien.) Present — Hancock, Jr., J. P., Denman, Boomer and Moule, JJ.

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Order, insofar as appealed from, unanimously reversed, without costs, and lien vacated. Memorandum: Petitioner appeals from so much of the order of Special Term as granted his former attorney a quantum meruit charging lien under section 475 of the Judiciary Law on the proceeds of a [725] section 1983 civil rights action (US Code, tit 42). Inasmuch as petitioner’s former attorney had not yet commenced the civil rights action, he was not entitled to a charging lien (see 7 NY Jur 2d, Attorneys at Law, § 182, p 108; Lebovic v Ballantine & Sons, 12 AD2d 494). (Appeal from order of Supreme Court, Erie County, Bayger, J. — attorney’s lien.) Present — Hancock, Jr., J. P., Denman, Boomer and Moule, JJ.

In re Robinson, 100 A.D.2d 724, 473 N.Y.S.2d 657, 1984 N.Y. App. Div. LEXIS 17712 (N.Y. Ct. App. 1984).

Pincite

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Opinion

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