AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

RUDY MARKARD, Plaintiff, v. HILDEGARDE MARKARD, Respondent. BANGSER, KLEIN, ROCCA BLUM, Nonparty Appellant.

Ordered that the order is reversed, on the law, with costs, the defendant's motion is denied, and the matter is remitted to the Supreme Court, Queens County, for a hearing in accordance herewith.

"It is well settled that an attorney who has been discharged by his client without cause may invoke a retaining lien on the client's papers and files in his [or her] possession. The attorney may generally not be compelled to surrender the files until an expedited hearing has been held to ascertain the amount of his [or her] fees" (Andreiev v. Keller, 168 A.D.2d 528; Corby v. Citibank, 143 A.D.2d 587; Mint Factors v. Cedar Tide Corp., 133 A.D.2d 222). "An attorney's retaining lien must be respected" (Andreiev v. Keller, supra, at 528; Artim v. Artim, 109 A.D.2d 811).

In this case, no exigent circumstances were established to support the court's order which directed the release of the defendant's files before a hearing was conducted (cf., Rosen v Rosen, 97 A.D.2d 837). Sullivan, J.P., Lawrence, Pizzuto and Joy, JJ., concur.

Use AI to get other relevant cases.

Comments

MARKARD v. MARKARD
(Jul 25, 1994)