Legal Opinion

Dienst v. McCaffrey

New York Court of Common Pleas

Decided February 15, 1895PublishedCited by 2 opinions

Action by Adam P/Dienst and others against William H: Mc-Caffrey and others. Defendants’ attorney moves to vacate an order made in supplementary proceedings requiring payment to plaintiffs of the amount of a judgment recovered by defendants against a third person. Granted.

1Opinion of the CourtPryor, J.

An attorney’s lien on a judgment for his costs and compensation, though without notice, prevails over the lien of the creditor in a supplementary proceeding against the party recovering the judgment. Upon the examination of a third party in a supplementary proceeding, it was discovered that the execution debtor held a judgment against him, and thereupon an order was entered requiring him to pay the judgment in satisfaction of the execution creditor. The attorney who procured the judgment now intervenes, with a motion to vacate that order and to protect his lien. • The judgment against the…

2Cases cited5 opinions

  1. Lee v. Vacuum Oil Co.New York Court of Appeals · 1891
  2. Keeler v. KeelerNew York Supreme Court · 1889
  3. Albert Palmer Co. v. Van OrdenThe Superior Court of New York City · 1882
  4. Guliano v. WhitenackNew York Court of Common Pleas · 1894
  5. Washburn v. MottNew York Circuit Court · 1890

3Cited by2 opinions

  1. Kennedy v. CarrickAppellate Terms of the Supreme Court of New York · 1896
  2. Bamberger v. OshinskyNew York Supreme Court · 1897

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