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NEGRON v. ESPOSITO

Supreme Court, Appellate Term, First Department.
Oct 31, 1957
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Per Curiam.

In Action No. 1 the judgment should be affirmed, without costs.

In Action No. 2 the attorney who appears for a party has a lien upon his client's cause of action which cannot be affected by any settlement between the parties before or after judgment. A defendant who has knowledge of a plaintiff's attorney's lien is under an affirmative duty to protect the lien, and for his failure so to do is liable for the reasonable value of said attorney's services to his client ( Morgan v. Drewry, S.A.R.L., 285 App. Div. 1).

The judgment so far as appealed from should be reversed and a new trial ordered, with $30 costs.

HOFSTADTER, AURELIO and TILZER, JJ., concur.

Action No. 1 — Judgment affirmed, etc.

Action No. 2 — Judgment reversed, etc.