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AMERICAN STEVEDORING, INC. v. RED HOOK CONTAINER TERMINAL, LLC

16262N, 651472/12.

134 A.D.3d 419 (2015)

19 N.Y.S.3d 726

2015 NY Slip Op 08791

AMERICAN STEVEDORING, INC., Respondent, v. RED HOOK CONTAINER TERMINAL, LLC, et al., Defendants, et al., Nominal Defendant. HILLER, PC, Nonparty Appellant. (And a Third-Party Action.)

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

Decided December 1, 2015.

The court erred in requiring HPC to turn over its litigation file, on which HPC had a retaining lien, without first ensuring that payment for HPC's legal services was made or secured, and in the absence of any waiver or exigent circumstances (see Wankel v Spodek, 1 A.D.3d 260 [1st Dept 2003]; Schneider, Kleinick, Weitz, Damashek & Shoot v City of New York,

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