Negron v. Esposito

Appellate Terms of the Supreme Court of New York

Negron v. Esposito

10 Misc. 2d 945, 170 N.Y.S.2d 120, 1957 N.Y. Misc. LEXIS 2279

CourtAppellate Terms of the Supreme Court of New York

DecidedOctober 31, 1957

StatusPublished

Cited by1 cases

This text of 10 Misc. 2d 945 (Negron v. Esposito) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Negron v. Esposito, 10 Misc. 2d 945, 170 N.Y.S.2d 120, 1957 N.Y. Misc. LEXIS 2279 (N.Y. Ct. App. 1957).

Pincite

Opinion

Per Curiam.

In Action No. 1 the judgment should be affirmed, without costs.

In Action No. 2 the attorney who appears for a party has a lien upon his client’s cause of action which cannot be affected by any settlement between the parties before or after judgment. A defendant who has knowledge of a plaintiff’s attorney’s lien is under an affirmative duty to protect the lien, and for his failure so to do is liable for the reasonable value of said attorney’s services to his client (Morgan v. Drewry, S. A. R. L., 285 App-. Div. 1).

The judgment so far as appealed from should be reversed and a new trial ordered, with $30 costs.

HofstAdter, Aurelio and Tilzer, JJ., coiicur.

Action No. 1- — Judgment affirmed, etc.

Action No. 2 —Judgment reversed, etc.

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