EFFECTIVE COMMUNICATIONS WEST, INC. v. BD. OF COOP. EDUC. SERVS. OF THE SOLE SUPERVISORY DIST. OF CATTARAUGUS, ERIE & WYOMING COUNTIES (BOCES)


84 A.D.2d 941 (1981)

Effective Communications West, Inc., Appellant-Respondent, v. Board of Cooperative Educational Services of the Sole Supervisory District of Cattaraugus, Erie and Wyoming Counties (BOCES), Defendant, and Marine Midland Bank, Respondent-Appellant

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

November 13, 1981


Order unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: The principal question raised on this appeal is whether an attorney's charging lien created by section 475 of the Judiciary Law takes precedence over a bank's security interest in the underlying money judgment. The factual background is undisputed. In 1971, Effective Communications West, Inc. (ECW), and BOCES entered into a contract under which ECW was to construct...

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