KLEIN v. EUBANK


87 N.Y.2d 459 (1996)

663 N.E.2d 599

640 N.Y.S.2d 443

Edward E. Klein, Appellant, v. Edwin Eubank et al., Respondents, et al., Discontinued Respondents.

Court of Appeals of the State of New York.

Decided January 9, 1996.


Attorney(s) appearing for the Case

Jay B. Solomon, New York City, for appellant, and Edward E. Klein, appellant pro se.

Edwin L. Eubank, New York City, respondent pro se, and Spooner Snipe Eubank & Burnett (Edwin L. Eubank of counsel), for Eubank Group, Inc., and another, respondents.

Chief Judge KAYE and Judges SIMONS, BELLACOSA, SMITH, LEVINE and CIPARICK concur.


TITONE, J.

In this proceeding brought by an attorney to enforce a statutory charging lien, the issues are whether a lawyer who was once but is no longer the attorney of record may invoke the Judiciary Law § 475 lien and whether the protection of that statute is forfeited when the attorney and client mutually consent to the termination of their relationship. We hold that the statutory lien is available even...

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