WARSOP v. NOVIK, M.D.


50 A.D.3d 608 (2008)

856 N.Y.S.2d 607

HAZEL WARSOP et al., Respondents, v. STEPHEN NOVIK, M.D., et al., Defendants. PETER E. TANGREDI, Nonparty Appellant.

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

Decided April 29, 2008.


Absent evidence of discharge for cause, a court should not order turnover of an outgoing attorney's file before the client fully pays the attorney's disbursements or provides security therefor (see Gonzalez v City of New York, 45 A.D.3d 347, 348 [2007], lv denied 10 N.Y.3d 701 [2008]; Tuff & Rumble Mgt. v Landmark Distribs., 254 A.D.2d 15 [1998], lv dismissed 93 N.Y.2d...

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