Appellate Terms of the Supreme Court of New York, 1957

Negron v. Esposito

Appellate Terms of the Supreme Court of New York · Decided October 31, 1957

10 Misc. 2d 945; 170 N.Y.S.2d 120; 1957 N.Y. Misc. LEXIS 2279

Counsel

Samuel A. Neuburger and Herbert H. Plever for appellant in Action No. 2., Sol D. Greenstein for Anthony Esposito and another, respondents.

Opinion of the Court

Per Curiam.

In Action No. 1 the judgment should be affirmed, without costs.

In Action No. 2 the attorney who appears for a party has a lien upon his client’s cause of action which cannot be affected by any settlement between the parties before or after judgment. A defendant who has knowledge of a plaintiff’s attorney’s lien is under an affirmative duty to protect the lien, and for his failure so to do is liable for the reasonable value of said attorney’s services to his client (Morgan v. Drewry, S. A. R. L., 285 App-. Div. 1).

The judgment so far as appealed from should be reversed and a new trial ordered, with $30 costs.

HofstAdter, Aurelio and Tilzer, JJ., coiicur.

Action No. 1- — Judgment affirmed, etc.

Action No. 2 —Judgment reversed, etc.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.