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MATTER OF ROSEN LIVINGSTON & CHOLST, LLP v. DE CORCHO

8962, 159138/16.

171 A.D.3d 530 (2019)

96 N.Y.S.3d 529

2019 NY Slip Op 02813

In the Matter of Rosen Livingston & Cholst, LLP, Appellant, v. Alan Perez De Corcho et al., Respondents, and L.A.L. Little Italy Mgmt. Co., LLC, Respondent.

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

Decided April 11, 2019.

Where a claimed offset to a charging lien arises from the same "transaction or instrument" as the charging lien, the claims "share a common origin," and the attorney's charging lien is not afforded priority over the offset (Banque Indosuez v Sopwith Holdings Corp., 98 N.Y.2d 34, 43 [2002]). Here, petitioner law firm's fees, awarded as a result of a January 5, 2016 order in favor of its clients (tenants in a Housing Court proceeding...

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