Opinion
March 18, 1985
Appeal from the Supreme Court, Queens County (Durante, J.).
Unless and until it has been judicially determined that defendant's former attorney was discharged for cause under circumstances in which no attorney's fees are warranted ( see, Marschke v. Cross, 82 A.D.2d 944), he has a common-law retaining lien on the papers in his possession which must be respected ( see, Petrillo v. Petrillo, 87 A.D.2d 607; Yaron v. Yaron, 58 A.D.2d 752). Moreover, no exigent circumstances have been demonstrated which would warrant a court in directing him to turn over the papers prior to the holding of a hearing to determine the amount of his outgoing attorney's lien, if any, and to condition the turnover upon the payment of the sum thereby found to be due or the provision of adequate security therefor ( see, Petrillo v. Petrillo, supra; Yaron v. Yaron, supra; cf. Rosen v Rosen, 97 A.D.2d 837). Lazer, J.P., Gibbons, Thompson and Niehoff, JJ., concur.