American Stevedoring, Inc. v. Red Hook Container Terminal, LLC

Order, Supreme Court, New York County (O. Peter Sherwood, J.), entered May 29, 2015, which, inter alia, directed nonparty Hiller, PC (HPC), plaintiff’s former counsel, to turn over its litigation file within 10 days of the date of the order, unanimously reversed, on the law, without costs, and that part of the order vacated.

The court erred in requiring HPC to turn over its litigation file, on which HPC had a retaining lien, without first ensuring that payment for HPC’s legal services was made or secured, and in the absence of any waiver or exigent circumstances (see Wankel v Spodek, 1 AD3d…