59 A.D.2d 1061 | N.Y. App. Div. | 1977
Order unanimously affirmed, without costs. Memorandum: The court directed that appellant deliver his file in the underlying action to the attorney substituted in his place and allowed him a charging lien upon the proceeds of the pending lawsuit. The allowance of this charging lien was proper under section 475 of the Judiciary Law (see Matter of Regan v Frisone, Inc., 54 AD2d 1125; see, also, Matter of Cooper, 291 NY 255). The amount of such lien should be determined on a quantum meruit basis, i.e., the reasonable value of the services rendered by appellant. (Matter of Montgomery, 272 NY 323.) It was not necessary, however, that the court make such determination at the time