Musikoff v. Jay Parrino's the Mint, L.L.C.

The opinion of the Court was delivered by

VERNIERO, J.

We are called on to answer a question of law certified and submitted by the United States Court of Appeals for the Third Circuit. This is the first time that this Court will answer such a question pursuant to the procedures set forth under Rule 2:12A. The inquiry involves N.J.S.A. 2A:13-5, known as the Attorney’s Lien Act (the Act). As certified, the question is:

Whether under New Jersey law, in order to enforce a lien under [N./.S.A] 2A:13-5, an attorney must file a petition to acknowledge and enforce the lien prior to any settlement or…