86 N.Y.S. 838 | N.Y. App. Div. | 1904
The petitioner retained Abraham H. Sarasohn, Esq., as attorney and counsel in her litigation against Serwer. Both client and attorney state that they agreed at the outset that the compensation of the attorney should be fifty per centum of any judgment recovered against Serwer. Mr. Sarasohn prosecuted the claim to judgment of $3,400. No part of the judgment has been collected. The client moved at Special Term for an order relieving her from the stipulation made by her with Mr. Sarasohn for his fees as her attorney, and for an order ascertaining and determining the lien of Mr. Sarasohn attaching to the amount offered in settlement of the said judgment. The motion was based on a petition showing that the petitioner is very poor, is compelled to sustain herself and her child by daily labor for a pittance; that the petitioner was informed and believed that the judgment debtor was financially irresponsible \ that the judgment was uncollectible, and that the judgment debtor resides outside of the State and cannot be found therein. The petitioner further represented that the brothers of the judgment debtor have offered to settle the judgment for $500, and if this be effected, to pay $100 a year for five years for the support of the child of the petitioner and the defendant. She also showed that she was in dire need of the money, was desirous of thus ending the litigation ; that she had stated the proposed terms of settlement to Mr. Sarasohn, and asked his consent, as she was desirous of paying him whatever legal fee he may be entitled to out of the sum received by her if such settlement be made, and of discharging any lien he may have as attorney on said judgment or the amount for which it may be settled, but that Mr. Sarasohn had refused his consent, and that his
In Fischer-Hansen v. Brooklyn Heights R. R. Co. (173 N. Y. 492), the court, per Vann, J., say: “ Thus we have a statute gradually progressing in one direction, which has required more than half a century for its development. .It consists of only three sentences, but each has been the subject of olie or more independent enactments intended to protect attorneys and enable them to collect pay for their services. The first establishes freedom of contract between attorney and client with reference to the compensation of the former. The second and most important gives the attorney a lien upon his client’s claim and cause of action, and when the cause of action is merged in a verdict, report, decision or -judgment, the lien attaches to that also, as well as to the proceeds thereof, so, that it cannot be affected by a settlement made between the parties at any stage of the action. The third provides a new remedy.”
This attorney has a lien upon the judgment of $3,400 for $1,700-(Matter of Regan, 167 N. Y. 338, 343.) This lien, afforded by statute, as is said in Fischer-Hansen’s Case (supra),. “ reaches forward and attaches to ” the judgment. The attorney has the right to have the judgment held for the debt until the lien is discharged. (Randall v. Van Wagenen, 115 N. Y. 527, 531.) And in FischerHamsen’s Case (supra), the court further say: “If the claim is prosecuted to judgment, or to a decision upon which judgment may be entered, the lien reaches forward and attaches to that also: When
‘ The order should be reversed, with ten dollars costs and disbursements.
All concurred.
Order reversed, with ten dollars costs and disbursements, and proceedings dismissed.