Opinion
December 14, 1995
Appeal from the Supreme Court, New York County (Beverly Cohen, J.).
Notwithstanding the less than commendable conduct by plaintiff and its Civil Court attorney, we are constrained to affirm since the IAS Court properly refused to allow an attorney's charging lien pursuant to Judiciary Law § 475 as there are no proceeds in this discontinued action to which such a lien could attach ( see, Goldstein, Goldman, Kessler Underberg v 4000 E. Riv. Rd. Assocs., 64 A.D.2d 484, 487, affd 48 N.Y.2d 890). Counsel must bring a plenary action to recover his fee ( see, Matter of Desmond v Socha, 38 A.D.2d 22, 24, affd 31 N.Y.2d 687).
Concur — Ellerin, J.P., Ross, Nardelli and Williams, JJ.