In re the City of New York

This is a motion by the City of New York to direct payment of the amount of a fixture award in partial satisfaction of the city’s claim for rent for reasonable use and occupation. The claim is in excess of the amount of the award. The motion is opposed by the attorney for the claimant who contends that his lien for services rendered in effecting the award is entitled to priority over the claim of the city.

The city claims its lien by virtue of subdivision b of section B15-37.0 of the Administrative C'ode of the City of New York, which provides as follows: ‘ ‘ All persons in possession of such…