BRODSKY v. MANELLO


83 A.D.2d 860 (1981)

Burt Brodsky, Plaintiff, v. Edmund Manello, Defendant. Scher & Eliasberg, P. C., Appellant; Marvin E. Basson, Respondent

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

August 17, 1981


Order reversed, with $50 costs and disbursements, and matter remitted to Special Term for the fixation of the fee and security.

The order of Mr. Justice Pantano, on the incoming attorney's motion for substitution, established, as the law of the case, that the outgoing attorney was entitled to a retaining lien. Accordingly, it was improper to direct a release of the file without determining the lien and fixing security (see Robinson v Rogers, 237 N.Y. 467; ...

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