Legal Opinion

In re Shaad

Appellate Division of the Supreme Court of the State of New York

Decided November 14, 1977PublishedCited by 8 opinions

1Opinion of the Court

Order unanimously affirmed, without costs. Memorandum: The court directed that appellant deliver his file in the underlying action to the attorney substituted in his place and allowed him a charging lien upon the proceeds of the pending lawsuit. The allowance of this charging lien was proper under section 475 of the Judiciary Law (see Matter of Regan v Frisone, Inc., 54 AD2d 1125; see, also, Matter of Cooper, 291 NY 255). The amount of such lien should be determined on a quantum meruit basis, i.e., the reasonable value of the services rendered by appellant. (Matter of Montgomery, 272 NY 323.)…

2Cases cited3 opinions

  1. In Re the Estate of MontgomeryNew York Court of Appeals · 1936
  2. Matter of Cooper (Mccauley)New York Court of Appeals · 1943
  3. Regan v. Marco M. Frisone, Inc.Appellate Division of the Supreme Court of the State of New York · 1976

3Cited by8 opinions

  1. People v. KeeffeNew York Court of Appeals · 1980
  2. La Mantia v. DurstNew Jersey Superior Court Appellate Division · 1989
  3. Smith v. Boscov's Department StoreAppellate Division of the Supreme Court of the State of New York · 1993
  4. Marschke v. CrossAppellate Division of the Supreme Court of the State of New York · 1981
  5. Bruno v. Gale, Wentworth & Dillon RealtyNew Jersey Superior Court Appellate Division · 2004

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