Order affirmed, without costs.
A charging lien cannot exist unless it is an element, express or implied, of the agreement that the lawyer is to be paid out of the fruits of the judgment. In this case, appellants effectively waived their lien (1) by the agreement of December 4, 1952, wherein they agreed to do their work in the Westchester action on the credit of Roy Newitt and not on the credit of the cause of action; (2) by the agreement of May 11, 1953, made more...
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