From Casetext: Smarter Legal Research

Russell v. Zaccaria

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 2004
8 A.D.3d 255 (N.Y. App. Div. 2004)

Opinion

2002-11105.

Decided June 1, 2004.

In two related actions, inter alia, for an accounting, the nonparty Lloyd D. Feld appeals from a judgment of the Supreme Court, Nassau County (Davis, J.), entered February 23, 2001, which denied his petition to impose a lien pursuant to Judiciary Law § 475.

Lloyd D. Feld, Armonk, N.Y., nonparty-appellant pro se.

Beck, Gewurz Strauss, PLLC, Garden City, N.Y., for respondent.

Before: DAVID S. RITTER, J.P., NANCY E. SMITH, HOWARD MILLER, WILLIAM F. MASTRO, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed, with costs.

The Supreme Court properly determined that the nonparty-appellant was not entitled to a lien pursuant to Judiciary Law § 475, as he failed to show that he was an attorney of record for the defendant Russell Zaccaria ( see Judiciary Law § 475; Rodriguez v. City of New York, 66 N.Y.2d 825, 827; D'Amico v. Nuzzo, 138 A.D.2d 667, 668; Matter of Barnum v. Srogi, 96 A.D.2d 723; Melzer v. 195 Broadway Corp., 18 A.D.2d 1108; Matter of Sebring, 238 A.D. 281).

We note that except to the extent that the Supreme Court's findings were necessary to determine whether Lloyd D. Feld was an attorney of record for Russell Zaccaria, the parties are not bound by the court's remaining findings.

RITTER, J.P., SMITH, H. MILLER and MASTRO, JJ., concur.


Summaries of

Russell v. Zaccaria

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 2004
8 A.D.3d 255 (N.Y. App. Div. 2004)
Case details for

Russell v. Zaccaria

Case Details

Full title:ANNA ROMA RUSSELL, ET AL., plaintiffs, v. PETER ZACCARIA, ET AL.…

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

Date published: Jun 1, 2004

Citations

8 A.D.3d 255 (N.Y. App. Div. 2004)
777 N.Y.S.2d 325

Citing Cases

Tutarashvili v. Barzilay

Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the…

Silva v. Orfao

The statutory charging lien, pursuant to Judiciary Law 475, requires that the attorney establish that he was…