In re Schneller

Proceeding to enforce an attorney’s lien. Such a proceeding is not a motion in an action but is a special proceeding (Peri v. N. Y. Central R. R. Co., 152 N. Y. 521; Matter of Cartier v. Spooner, 118 App. Div. 342), and the party proceeded against has *85the right to interpose any defense available to him in an equitable action. (Fischer-Harisen v. Brooklyn Heiqhts R. R. Co., 173 N. Y. 492, 502.)

By written stipulation the facts set forth in the petition are conceded to be true, and the only matter to be decided is the “ question of law raised by defenses of loches and Statute of Limitations.”…