Schelter v. Schelter

Order unanimously affirmed with costs to defendant. Memorandum: Funds held in escrow or in a custodial capacity are not subject to an attorney’s retaining lien (see, Marsano v State Bank of Albany, 27 AD2d 411, appeal dismissed 23 NY2d 1018; Entertainment & Amusements v Barnes, 49 Misc 2d 316). Thus, the sum of $8,000, held by defendant’s former attorney subject to further direction by the court as part of an undertaking pending the appeal of a judgment for arrears in child support, was not subject to the former attorney’s retaining lien, and Supreme Court properly directed that the attorney…