Legal Opinion

Martucci v. Brooklyn Children's Aid Society

New York Court of Appeals

Decided December 31, 1940PublishedCited by 16 opinions

1Per curiam

The respondent, having as the appellants’ attorney instituted an action to enforce a cause of action of appellants against a third party, had a charging lien upon the cause of action for bis services rendered in the action. (Judiciary Law, § 475 [Cons. Laws, ch. 30]; Matter of Heinsheimer, 214 N. Y. 361, 365.)

The appellants moved for a substitution of attorneys and asked that the value of respondent’s services be determined. Respondent relied on his lien and sought to have the value of his services fixed at $500. An order is before us which fixed respondent’s lien at twelve and one-half per…

2Cases cited3 opinions

  1. Matter of TillmanNew York Court of Appeals · 1932
  2. Matter of HeinsheimerNew York Court of Appeals · 1915
  3. In Re the Estate of MontgomeryNew York Court of Appeals · 1936

3Cited by16 opinions

  1. Sullivan v. FawverAppellate Court of Illinois · 1965
  2. Padilla v. SansivieriAppellate Division of the Supreme Court of the State of New York · 2006
  3. Paulsen v. HalpinAppellate Division of the Supreme Court of the State of New York · 1980
  4. Reubenbaum v. B. & H. Express, Inc.Appellate Division of the Supreme Court of the State of New York · 1958
  5. Matarrese v. WilsonNew York Supreme Court · 1952

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