Manganaro v. H. J. R. Realty Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Two orders of the Supreme Court, Kings County, both dated March 8, 1967, each in a respective one of the actions, reversed, on the law, without costs, and motions by respondent-appellant dismissed, without prejudice to the commencement of a plenary action. No questions of fact were considered on this appeal. In our opinion, under the circumstances of these eases wherein the former attorney seeking compensation does not have a charging lien and the judgments in the actions have been satisfied, he can only seek recovery by way of a plenary action against the attorney substituted for him (cf.…
2Cases cited2 opinions
- Goldman v. Rafel Estates, Inc.Appellate Division of the Supreme Court of the State of New York · 1945
- Weldon v. De MartiniNew York Supreme Court · 1962
3Cited by1 opinion
- In re RosenblumAppellate Division of the Supreme Court of the State of New York · 1986