Legal Opinion

United Orient Bank v. 450 West 31st Street Owners Corp.

New York Supreme Court

Decided October 8, 1992PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

Edward H. Lehner, J.

The novel issue raised by Tenzer, Greenblatt, Fallon & Kaplan on their motion to withdraw as counsel for defendants Peter Mackie and Elba Damast is whether movant possesses a charging lien when the only claim for affirmative relief asserted on behalf of their clients is a cross claim for indemnity.

Section 475 of the Judiciary Law, which codified the com*676mon-law charging lien, provides in part: "From the commencement of an action, special or other proceeding in any court * * * or the service of an answer containing a counterclaim, the attorney who appears…

2Cases cited11 opinions

  1. Beecher v. Peter A. Vogt Manufacturing Co.New York Court of Appeals · 1920
  2. National Exhibition Co. v. CraneNew York Court of Appeals · 1901
  3. Theroux v. TherouxAppellate Division of the Supreme Court of the State of New York · 1988
  4. Desmond v. SochaAppellate Division of the Supreme Court of the State of New York · 1971
  5. Desmond v. SochaNew York Court of Appeals · 1972

6 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Geron v. Schulman (In Re Manshul Construction Corp.)United States Bankruptcy Court, S.D. New York · 1998
  2. Picciolo v. StateAppellate Division of the Supreme Court of the State of New York · 2001
  3. Cassirer v. Invex, Ltd. (In Re Schick)United States Bankruptcy Court, S.D. New York · 1997
  4. Kurland Group ex rel. Estate of Ramirez v. FNBN I, LLC (In re Ramirez)United States Bankruptcy Court, S.D. New York · 2015
  5. Winters v. Phountain PH Holdings Corp.District Court, E.D. New York · 2024

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