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J.K.C. v. T.W.C.

2006/14338

39 Misc.3d 899 (2013)

966 N.Y.S.2d 812

2013 NY Slip Op 23060

J.K.C., Plaintiff, v. T.W.C., Defendant.

Supreme Court, Monroe County.

February 28, 2013.

Attorney(s) appearing for the Case

Angelo T. Calleri, Rochester, nonparty applicant pro se. Maurice J. Verrillo , Rochester, for plaintiff. Maureen Pineau , Rochester, for defendant.

OPINION OF THE COURT

RICHARD A. DOLLINGER, J.

In this matter, an attorney seeks to enforce a charging lien against his former client's IRA, which was funded through a rollover of her marital share of the husband's IRA. This application requires the court to determine if a charging lien under the broad language of section 475 of the Judiciary Law can be asserted against an IRA, which is otherwise exempt from creditors' claims pursuant to CPLR 5205. The clash...

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