Klein v. Eubank

210 A.D.2d 129, 620 N.Y.S.2d 61

Opinion

—Order, Supreme Court, New York County (Leland BeGrasse, J.), entered April 22, 1994, which granted respondents’ motion to dismiss this proceeding to enforce a charging lien pursuant to Judiciary Lax? § 475, unanimously modified, on the law, to the extent of authorising and directing the discontinued respondent escrowee Jones Hirseh Connors & Bull to pay the escrow fund it holds to respondents, and otherwise affirmed, without costs.

Since the consent to change attorneys confirming petitioner’s withdrawal did not allow him a charging lien, he must resort to a plenary action to enforce Ms contractual right to a fee (cf., People v Keeffe, 50 NY2d 149, 156-157). The petition having been properly dismissed, the escrowed portion of the settlement funds must be released to respondents. Concur— Eosenberger, J. P., Wallaeh, Kupferman, Ross and Williams, JJ.