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In re City of New York

3 A.D.2d 700 Court N.Y. App. Div. Decision date 1957-02-11 English

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p. 700
In the Matter of the City of New York, Respondent, Relative to Acquiring Title to Real Property Required for the Extending of Exterior Street and the Widening of Major Deegan Boulevard, in the Borough of The Bronx. Alfred D. Jahr, Appellant.

Order unanimously reversed and the application granted. Upon the record before us, the city possessed at most a liquidated claim against the owner of the fund. The attorney’s lien of appellant, as between him and his client, was in the nature of an equitable assignment and was superior to and took precedence over the claim of the city for unpaid sales taxes. Settle order on notice. Concur—-Peck, P. J., Breitel, Valente, McNally and Bastow, JJ.