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HOME SAV. OF AMERICA v. MALART

268 N.J. Super. 1 (1993)

632 A.2d 827

HOME SAVINGS OF AMERICA, SSB, A NEW YORK BANKING CORPORATION, PLAINTIFF, v. MALART, INC., A NEW JERSEY CORPORATION; BUILDERS FAIR, INC., A NEW JERSEY CORPORATION; MARTIN I. DAUBER; SELMA DAUBER; SHANNON & DOUGLAS CONSTRUCTION CORP.; BRIAN TREMATORE PLUMBING & HEATING, INC.; AND THE STATE OF NEW JERSEY, DEFENDANTS, MALCOLM AND RHODA SCHARF, DEFENDANTS-RESPONDENTS, v. LOWENSTEIN, SANDLER, KOHL, FISHER & BOYLAN, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 15, 1993.

Attorney(s) appearing for the Case

Bruce D. Shoulson argued the case pro se for appellant (Lowenstein, Sandler, Kohl, Fisher & Boylan, attorneys, pro se; Mr. Shoulson, of counsel; Bruce S. Rosen, on the brief).

Benjamin I. Kreitzberg, attorney for respondent.

Before Judges PETRELLA, BAIME and CONLEY.

The opinion of the court was delivered by PETRELLA, P.J.A.D.

The issue is whether a law firm can apply an attorney's common law retaining lien against monies it received in trust for a special purpose, where effectuation of that purpose is subsequently frustrated or, as now appears,1 resolved permanently or temporarily in some other fashion. The law firm of Lowenstein, Sandler, Kohl, Fisher & Boylan (Lowenstein firm) appeals from a...

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