Opinion
12-01-2015
AMERICAN STEVEDORING, INC., Plaintiff–Respondent, v. RED HOOK CONTAINER TERMINAL, LLC, et al., Defendants,The Alex N. Sill Company, Nominal Defendant.Hiller, PC, Nonparty Appellant.[And a Third–Party Action].
Hiller, PC, New York (Michael S. Hiller of counsel), for appellant.
Hiller, PC, New York (Michael S. Hiller of counsel), for appellant.
Opinion
Order, Supreme Court, New York County (O. Peter Sherwood, J.), entered May 29, 2015, which, inter alia, directed nonparty Hiller, PC (HPC), plaintiff's former counsel, to turn over its litigation file within 10 days of the date of the order, unanimously reversed, on the law, without costs, and that part of the order vacated.
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, 767 N.Y.S.2d 429 [1st Dept.2003]; Schneider, Kleinick, Weitz, Damashek & Shoot v. City of New York, 302 A.D.2d 183, 186–187, 754 N.Y.S.2d 220 [1st Dept.2002]; Corby v. Citibank, 143 A.D.2d 587, 588, 532 N.Y.S.2d 870 [1st Dept.1988] ). The court also erred in not directing plaintiff, as the former client, to bear the costs of reproduction and delivery of the file (see Matter of Sage Realty Corp. v. Proskauer Rose Goetz & Mendelsohn, 91 N.Y.2d 30, 38, 666 N.Y.S.2d 985, 689 N.E.2d 879 [1997] ).
MAZZARELLI, J.P., MOSKOWITZ, RICHTER, MANZANET–DANIELS, JJ., concur.