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BRENNER v. MILLER

121 Misc.2d 1 (1983)

Joseph Brenner, Individually and as Father and Natural Guardian of Phillip Brenner, an Infant, Plaintiff, v. Jerome Miller, Defendant.

Supreme Court, Rockland County.

August 22, 1983

Attorney(s) appearing for the Case

Steinberg & Kennedy for defendant. Meiselman, Farber, Stella & Eberz, P. C., prior attorneys for defendant.

IRVING A. GREEN, J.

In a malpractice action, the defendant moves the court for an order substituting defendant's counsel provided for him by his insurer by counsel of his own choosing. All parties have consented to such substitution. The issue presented upon the motion is whether or not the outgoing counsel is entitled to a retaining lien upon the file conditioned upon the payment to such counsel, by the defendant...

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