123 A.D.2d 600 | N.Y. App. Div. | 1986
In a proceeding to determine and enforce an attorney’s lien pursuant to Judiciary Law § 475, the appeal is from a judgment of the Supreme Court, Kings County (Shaw, J.), dated February 14, 1985, which is in favor of the petitioners and against the appellant in the principal sum of $10,463.83.
Judgment affirmed, with costs.
The record indicates that Reich and Reich, P. C., had a charging lien for legal services rendered because it appeared as the attorney of record for Manuel and Maria Flores in their negligence action against Arcangelo Barricella (see, Rodriquez v City of New York, 66 NY2d 825). The lien was not affected by the settlement of the action by the incoming attorney, the appellant Joseph Mandell. It was enforceable through a special proceeding pursuant to Judiciary Law § 475 against Mandell, who was in possession of a portion of the settlement proceeds (see, People v Keeffe, 50 NY2d 149; Kaplan v Reuss, 113 AD2d 184, affd 68 NY2d 693). It was within the court’s discretion to treat the notice of motion, supporting and opposing affidavits as a notice of petition and pleadings in the proceeding (see, Matter of Reich v Power, 30 AD2d 925, affd 22 NY2d 887). Nor did the court err when it struck Mandell’s jury demand (Matter of King, 168 NY 53).
