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GOLDSTEIN v. E. RIV. ASSOC.

64 A.D.2d 484 (1978)

Goldstein, Goldman, Kessler & Underberg, Appellant, v. 4000 East River Road Associates, Tenant. Icm Realty, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 10, 1978

Attorney(s) appearing for the Case

Goldstein, Goldman, Kessler & Underberg (Jerrold B. Reilly of counsel), appellant pro se.

Nixon, Hargrave, Devans & Doyle (Edward J. Burns and Sherry S. Kraus of counsel), for respondent.

MARSH, P. J., SIMONS, DILLON and SCHNEPP, JJ., concur in Per Curiam opinion; CARDAMONE, J., dissents and votes to reverse the order and judgment and grant the petition in an opinion.

Per Curiam.

Petitioner is a distinguished Rochester law firm. By this special proceeding it seeks to establish an attorney's charging lien for services rendered in a tax certiorari proceeding.

In 1974 petitioner was retained by respondent 4000 East River Road Associates (ERRA) in a proceeding against the Town of Henrietta to contest the assessment on certain real property improved as an apartment complex. The...

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