Legal Opinion

Klein v. Eubank

New York Court of Appeals

Decided January 9, 1996PublishedCited by 58 opinions

1Opinion of the Court

OPINION OF THE COURT

Titone, J.

In this proceeding brought by an attorney to enforce a statutory charging lien, the issues are whether a lawyer who was once but is no longer the attorney of record may invoke the Judiciary Law § 475 lien and whether the protection of that statute is forfeited when the attorney and client mutually consent to the termination of their relationship. We hold that the statutory lien is available even where both of these conditions are present.

Petitioner represented respondents Eubank Group, Edwin Eubank and Ellis Duncan as attorney of record in their efforts to…

2Cases cited14 opinions

  1. Fischer-Hansen v. . Bklyn. Heights R.R. Co.New York Court of Appeals · 1903
  2. Cohen v. Grainger, Tesoriero & BellNew York Court of Appeals · 1993
  3. Dunn v. Hudson River Electric Co.New York Court of Appeals · 1912
  4. People v. KeeffeNew York Court of Appeals · 1980
  5. Goldman v. Rafel Estates, Inc.Appellate Division of the Supreme Court of the State of New York · 1945

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3Cited by58 opinions

  1. Itar-Tass Russian News Agency v. Russian Kurier, Inc.Court of Appeals for the Second Circuit · 1998
  2. Stair v. CalhounDistrict Court, E.D. New York · 2010
  3. Rene Garcia and Carmen Vazquez Alvarez v. Jane S. Teitler as Personal Representative of Stanley A. Teitler, Deceased, 1 Docket No. 04-4886 CvCourt of Appeals for the Second Circuit · 2006
  4. Prout v. VladeckDistrict Court, S.D. Illinois · 2018
  5. Cassie Sutton v. New York City Transit Authority, Steven Sardisco, Michael Demeo, Docket No. 04-0429-CvCourt of Appeals for the Second Circuit · 2006

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