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BUTLER, FITZGERALD & POTTER v. SEQUA CORP.

No. 00-7025.

250 F.3d 171 (2001)

BUTLER, FITZGERALD & POTTER, a Professional Corporation, Appellant, v. SEQUA CORPORATION and Sequa Capital Corporation, Plaintiffs-Appellees, GBJ Corporation, Topaz Capital Corporation and Jeffrey J. Gelmin, Defendants-Appellees.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided May 17, 2001.

Attorney(s) appearing for the Case

THOMAS BUTLER, New York, New York (Raymond Fitzgerald, Butler, Fitzgerald & Potter, New York, NW, of counsel), for Appellant.

BROOKS R. BURDETTE, New York, New York (Schulte Roth & Zabel LLP, New York, New York, of counsel), for Plaintiffs-Appellees.

JAMES C. JONES, New York, New York (Charles B. Manuel, Jr., Law Offices of Manuel & Jones, P.C., New York, New York, of counsel), for Defendants-Appellees.

Before: CARDAMONE, JACOBS, and SACK, Circuit Judges.

CARDAMONE, Circuit Judge:

During the course of protracted litigation, one party discharged the law firm that had been representing it, and replaced it with two solo practitioners. Prior to its discharge, the law firm obtained a $2.9 million charging lien that will be extinguished absent a favorable disposition for its former client. It moved therefore to intervene in the continuing litigation as a matter of right. The district court denied the motion.

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