Klein v. Eubank

Appellate Division of the Supreme Court of New York

Klein v. Eubank

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

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

DecidedDecember 15, 1994

StatusPublished

This text of 210 A.D.2d 129 (Klein v. Eubank) 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

Klein v. Eubank, 210 A.D.2d 129, 620 N.Y.S.2d 61 (N.Y. Ct. App. 1994).

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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.

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—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.

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Bluebook (online)

210 A.D.2d 129, 620 N.Y.S.2d 61, Counsel Stack Legal Research, https://law.counselstack.com/opinion/klein-v-eubank-nyappdiv-1994.

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