Opinion
September 14, 1967
Order entered June 6, 1967 modified on the law and the facts, without costs and disbursements, to the extent of striking therefrom the last two decretal paragraphs; and the matter is remanded to Special Term to fix, following a hearing at Special Term or before a Special Referee, the amount of the outgoing attorneys' lien, to be determined upon the basis of the value of the services rendered up to the time of his discharge, this amount to be a first lien upon any attorney's fees payable by plaintiff to defendant's attorneys and which may be allowed by the court, or payable on any settlement, and to be a first lien upon the proceeds of any settlement or recovery upon defendant's counterclaims. The court below erroneously required a release of the outgoing attorneys' file without adequate provision to secure the payment of such fee as it may be determined they were entitled to or alternative protection of their statutory lien pursuant to the provisions of section 475 Jud. of the Judiciary Law. Settle order on notice.
Concur — Stevens, J.P., Eager, Capozzoli, Tilzer and McGivern, JJ.