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WILLIAMS v. HERTZ CORP.

75 A.D.2d 766 (1980)

James L. Williams et al., Plaintiffs, v. Hertz Corporation et al., Defendants and Third-Party Plaintiff. New Britain Herald Publishing Company, Inc., Third-Party Defendant Kenneth Heller, Appellant, v. James L. Williams et al., Respondents

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

May 15, 1980

Under the circumstances of this case, it would be inequitable for the outgoing attorney to retain the papers in the action, since that would render near impossible the preparation of the case for trial by the incoming attorney. Should it be determined that the outgoing attorney is entitled to compensation, he shall have a lien on the proceeds in that amount. However, an attorney who is discharged for cause or misconduct has no right...

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