Kennedy v. Macaluso
This text of 435 N.E.2d 1094 (Kennedy v. Macaluso) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
OPINION OF THE COURT
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), order affirmed, with costs. An attorney has no retaining lien on an executed but unfiled divorce decree (see Matter of Bergstrom & Co., 131 App Div 791; Matter of Reiss, 200 Misc 697) and may be compelled, via a CPLR article 78 proceeding in the nature of mandamus, to file such decree.
[632]*632Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.
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Cite This Page — Counsel Stack
435 N.E.2d 1094, 56 N.Y.2d 630, 450 N.Y.S.2d 479, 1982 N.Y. LEXIS 3295, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kennedy-v-macaluso-ny-1982.