Order reversed, on the law, with $50 costs and disbursements and the motion is granted.
A judicial determination fixing the value of a professional's services necessarily decides that there was no malpractice (Blair v Bartlett, 75 N.Y. 150). This rule applies where an attorney seeks a charging lien for services rendered by him in the underlying action (see Judiciary Law, § 475) as well as to a plenary action for nonpayment of attorney's fees. The fact...
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