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UNITED ORIENT v. 450 W. CORP.

155 Misc.2d 675 (1992)

589 N.Y.S.2d 390

United Orient Bank et al., Plaintiffs, v. 450 West 31st Street Owners Corp. et al., Defendants.

Supreme Court, New York County.

October 8, 1992

Attorney(s) appearing for the Case

Tenzer, Greenblatt, Fallon & Kaplan, New York City, movant. Thomas Hoffman, New York City, for Peter Mackie and another, defendants.

EDWARD H. LEHNER, J.

The novel issue raised by Tenzer, Greenblatt, Fallon & Kaplan on their motion to withdraw as counsel for defendants Peter Mackie and Elba Damast is whether movant possesses a charging lien when the only claim for affirmative relief asserted on behalf of their clients is a cross claim for indemnity.

Section 475 of the Judiciary Law, which codified the common-law charging lien...

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