Schwartz v. Schwartz
New York Supreme Court
1Opinion of the CourtBernard S. Meyer, J.
Plaintiff wife in an action for separation seeks an order substituting attorneys and remanding the issue of compensation due and owing to the attorney of record to the Trial Justice. Plaintiff has an absolute right to substitute attorneys but, unless the substituted attorney has forfeited his lien by failing properly to protect his client’s rights, he is entitled to a retaining lien on all property and papers that came into his possession during the attorney-client relationship until such time as his fee is paid. The papers herein do not show that the substituted attorney has been guilty of…
2Cases cited9 opinions
- Robinson v. . RogersNew York Court of Appeals · 1924
- In re SebringAppellate Division of the Supreme Court of the State of New York · 1933
- Matter of Cooper (Mccauley)New York Court of Appeals · 1943
- Goldman v. Rafel Estates, Inc.Appellate Division of the Supreme Court of the State of New York · 1945
- Sorin v. Shahmoon Industries, Inc.New York Supreme Court · 1959
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3Cited by6 opinions
- In Re E. C. Ernst, Inc.United States Bankruptcy Court, S.D. New York · 1980
- Factors v. Cedar Tide Corp.Appellate Division of the Supreme Court of the State of New York · 1987
- Levitas v. LevitasNew York Supreme Court · 1978
- Owen v. ForchelliCivil Court of the City of New York · 1964
- Weldon v. De MartiniNew York Supreme Court · 1962
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