Lopez v. City of New York

OPINION OF THE COURT

Lewis R. Friedman, J.

The routine processing of a settlement with a solvent defendant became a nightmare that haunts plaintiff’s attorney. The settlement check was received, the client’s endorsement obtained, the check deposited, the funds cleared, the settlement proceeds disbursed and the client left the country. Thereafter, the bank sent counsel a notice that payment of the settlement check had been stopped. Plaintiff moves for judgment of the settlement amount and costs. Defendant contends that it had a right to stop the check since there was an outstanding judgment in…