Opinion
3646N.
Decided May 13, 2004.
Order, Supreme Court, New York County (Charles J. Tejada, J.), entered April 2, 2003, which denied nonparty appellant's motion to determine and fix the amount of his charging lien under Judiciary Law § 475, unanimously affirmed, with costs.
Thaeddeus J. McGuire, Brooklyn, for appellant.
Ronald Cohen, New York, for respondent.
Before: Nardelli, J.P., Andrias, Ellerin, Lerner, Marlow, JJ.
An attorney discharged for cause is not entitled to compensation ( Campagnola v. Mulholland, Minion Roe, 76 N.Y.2d 38, 44; Shalom Toy v. Each Every One of Members of N.Y. Prop. Ins. Underwriting Assn., 239 A.D.2d 196, 198). Appellant's filing of mechanics' liens against the City instead of public improvement liens resulted in the dismissal of this action against the City ( 294 A.D.2d 173), and constituted cause for discharge ( cf. S D Petroleum Co. v. Tamsett, 144 A.D.2d 849, 850 [failure to perfect security interest by filing is malpractice]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.