Manganaro v. H. J. R. Realty Corp.

Appellate Division of the Supreme Court of New York

Manganaro v. H. J. R. Realty Corp.

29 A.D.2d 566, 286 N.Y.S.2d 332, 1967 N.Y. App. Div. LEXIS 2628

Appellate Division of the Supreme Court of the State of New York·Decided December 29, 1967·Published·Cited by 1 cases

Opinion

Two orders of the Supreme Court, Kings County, both dated March 8, 1967, each in a respective one of the actions, reversed, on the law, without costs, and motions by respondent-appellant dismissed, without prejudice to the commencement of a plenary action. No questions of fact were considered on this appeal. In our opinion, under the circumstances of these eases wherein the former attorney seeking compensation does not have a charging lien and the judgments in the actions have been satisfied, he can only seek recovery by way of a plenary action against the attorney substituted for him (cf. Shatzkin v. Shahmoon, 19 A D 2d 658; Goldman v. Rafel Estates, 269 App. Div. 647; Matter of Weldon v. De Martini, 35 Misc 2d 710). A decision on the merits should not be made upon affidavits but after a full hearing. Christ, Acting P. J., Rabin, Hopkins, Benjamin and Munder, JJ., concur.

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Two orders of the Supreme Court, Kings County, both dated March 8, 1967, each in a respective one of the actions, reversed, on the law, without costs, and motions by respondent-appellant dismissed, without prejudice to the commencement of a plenary action. No questions of fact were considered on this appeal. In our opinion, under the circumstances of these eases wherein the former attorney seeking compensation does not have a charging lien and the judgments in the actions have been satisfied, he can only seek recovery by way of a plenary action against the attorney substituted for him (cf. Shatzkin v. Shahmoon, 19 A D 2d 658; Goldman v. Rafel Estates, 269 App. Div. 647; Matter of Weldon v. De Martini, 35 Misc 2d 710). A decision on the merits should not be made upon affidavits but after a full hearing. Christ, Acting P. J., Rabin, Hopkins, Benjamin and Munder, JJ., concur.

Manganaro v. H. J. R. Realty Corp., 29 A.D.2d 566, 286 N.Y.S.2d 332, 1967 N.Y. App. Div. LEXIS 2628 (N.Y. Ct. App. 1967).

Pincite

29 A.D.2d 566 (Manganaro v. H. J. R. Realty Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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