In re Shaad
Appellate Division of the Supreme Court of the State of New York
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
- In Re the Estate of MontgomeryNew York Court of Appeals · 1936
- Matter of Cooper (Mccauley)New York Court of Appeals · 1943
- Regan v. Marco M. Frisone, Inc.Appellate Division of the Supreme Court of the State of New York · 1976
3Cited by8 opinions
- People v. KeeffeNew York Court of Appeals · 1980
- La Mantia v. DurstNew Jersey Superior Court Appellate Division · 1989
- Smith v. Boscov's Department StoreAppellate Division of the Supreme Court of the State of New York · 1993
- Marschke v. CrossAppellate Division of the Supreme Court of the State of New York · 1981
- Bruno v. Gale, Wentworth & Dillon RealtyNew Jersey Superior Court Appellate Division · 2004
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