LMWT REALTY CORP. v. DAVIS AGENCY INC.


205 A.D.2d 479 (1994)

614 N.Y.S.2d 16

Lmwt Realty Corp., Doing Business as Triangle Realty, Respondent, v. Davis Agency Inc. et al., Defendants and Third-Party Plaintiffs, et al., Third-Party Defendant. City of New York, Appellant

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

June 30, 1994


The City of New York, the municipal lienholder, asserts a lienholder's priority to the entirety of the fire insurance proceeds obtained from the insurer through a settlement of the action against it. Notwithstanding that the efforts of plaintiff's counsel are largely responsible for the existence of the settlement funds, the City insists that its right to the money supersedes that of the attorneys' charging lien. However, none of the statutes relied upon by the City (Insurance...

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