Kennedy v. Macaluso

Judgment unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: Petitioner appeals from a judgment dismissing her request for relief in the nature of mandamus under CPLR article 78, without prejudice to the commencement of a plenary action. Her need for relief arose from the refusal of her attorney in a default divorce action to file the signed judgment and decree of absolute divorce until paid in full by petitioner for services rendered. An attorney has no retaining lien on an executed but unfiled court order. CPLR 5017 (subd [a])…