Zito v. Fischbein Badillo Wagner Harding

Order, Supreme Court, New York County (Herman Cahn, J.), entered March 11, 2008, which denied nonparty appellant’s motion to vacate a prior order, same court and Justice, instead directing turnover of appellant’s files to plaintiff on condition the latter agrees to pay fees and disbursements as determined by a special referee and to retain and maintain the files pending such determination, unanimously modified, on the law, to the extent of granting appellant a retaining lien to be set by the referee, and directing that such amount be paid or secured as a condition to appellant’s release of…