Williams v. Hertz Corp.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division, insofar as it dismissed the claim of Kenneth Heller against the Hertz Corporation, should be affirmed, with costs.

We believe the Appellate Division properly dismissed the claim to assert a lien against the judgment debtor Hertz, but solely upon the ground that the claim made against Hertz is premature because the amount of the attorney’s lien, if any, has not yet been established in this summary proceeding brought pursuant to section 475 of the Judiciary Law (1 Carmody-Wait 2d, NY Prac, § 3:150, p 477). Any defense to…