In re the Estate of Fielding

Appellate Division of the Supreme Court of New York

In re the Estate of Fielding

50 A.D.2d 747, 377 N.Y.S.2d 10, 1975 N.Y. App. Div. LEXIS 11530

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

DecidedDecember 9, 1975

StatusPublished

This text of 50 A.D.2d 747 (In re the Estate of Fielding) 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 the Estate of Fielding, 50 A.D.2d 747, 377 N.Y.S.2d 10, 1975 N.Y. App. Div. LEXIS 11530 (N.Y. Ct. App. 1975).

Pincite

Opinion

— Order, Surrogate’s Court, New York County, entered August 1, 1975, inter alia, granting respondent’s motion to change attorneys and providing for the filing of an undertaking in the amount of $23,400 in the event substituted counsel requests the production of the outgoing attorney’s documents, unanimously affirmed, without costs and without disbursements. A client’s right to change attorneys is absolute; and not contested in this proceeding. The outgoing attorney’s retaining lien (he has no charging lien) is adequately protected by the order below. While there may be merit to appellant’s claim that the undertaking provided for fails to include any amount for the expenses of litigation to recover his claimed fee, the short answer thereto is that, in the circumstances of this case, there is no authority for any such recovery. Concur — Kupferman, J. P., Murphy, Lupiano, Capozzoli and Lane, JJ.

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— Order, Surrogate’s Court, New York County, entered August 1, 1975, inter alia, granting respondent’s motion to change attorneys and providing for the filing of an undertaking in the amount of $23,400 in the event substituted counsel requests the production of the outgoing attorney’s documents, unanimously affirmed, without costs and without disbursements. A client’s right to change attorneys is absolute; and not contested in this proceeding. The outgoing attorney’s retaining lien (he has no charging lien) is adequately protected by the order below. While there may be merit to appellant’s claim that the undertaking provided for fails to include any amount for the expenses of litigation to recover his claimed fee, the short answer thereto is that, in the circumstances of this case, there is no authority for any such recovery. Concur — Kupferman, J. P., Murphy, Lupiano, Capozzoli and Lane, JJ.

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Bluebook (online)

50 A.D.2d 747, 377 N.Y.S.2d 10, 1975 N.Y. App. Div. LEXIS 11530, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-fielding-nyappdiv-1975.