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Dempsey v. Kirschner

Appellate Division of the Supreme Court of New York, Second Department
Jun 24, 1968
30 A.D.2d 697 (N.Y. App. Div. 1968)

Opinion

June 24, 1968


Order of the Supreme Court, Westchester County, dated October 23, 1967, affirmed, with $10 costs and disbursements. Appellants, attorneys substituted for plaintiff in the prosecution of a negligence action on behalf of defendant Kirschner, received in settlement a sum upon part of which plaintiff claimed an equitable lien. In our opinion, appellants were properly made parties defendant in the instant plenary action by plaintiff to recover for his legal services and disbursements, notwithstanding that appellants had, pursuant to an order made in the negligence action, deposited a part of the settlement moneys in escrow in a bank account (CPLR 1002; see Miller-Schlott, Inc. v. Title Guar. Trust Co., 237 App. Div. 859; Land Mark Corp. v. Manufacturers Trust Co., 238 App. Div. 844; 2 Weinstein-Korn-Miller, N.Y. Civ. Prac., par. 1006.13). Beldock, P.J., Christ, Brennan, Hopkins and Benjamin, JJ., concur.


Summaries of

Dempsey v. Kirschner

Appellate Division of the Supreme Court of New York, Second Department
Jun 24, 1968
30 A.D.2d 697 (N.Y. App. Div. 1968)
Case details for

Dempsey v. Kirschner

Case Details

Full title:JAMES DEMPSEY, Respondent, v. PAUL KIRSCHNER, Defendant, and MILTON N…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 24, 1968

Citations

30 A.D.2d 697 (N.Y. App. Div. 1968)