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Tiringer v. Grafenecker

38 Misc. 2d 29 Court Supreme Court, Appellate Term, Second Department, Decision date 1962-10-26 English

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p. 29
Frank Tiringer et al., Respondents, v. Robert W. Grafenecker et al., Defendants. Joseph J. Polansky, Appellant.
Supreme Court, Appellate Term, Second Department,
October 26, 1962.
p. 30
Benjamin Beskin for appellant.

Order should he unanimously modified by providing that plaintiffs’ former attorney shall have a lien on the proceeds of the action realized by trial or settlement for disbursements in the sum of $98.15 advanced by him, and for the reasonable value of his services rendered prior to the order of disbarment; the value of such services shall be determined by the court at the trial of the issues or upon application after settlement of the action; and as so modified affirmed, without costs.

Absent any showing that plaintiffs’ former attorney was disbarred for conduct in connection with the case in question, he is entitled to a lien for his disbursements and for legal services rendered prior to his disbarment. (Flecha v. Goodman, 31 Misc 2d 444 ; Torgerson v. Harboro Associates, N. Y. L. J., June 12, 1962, p. 17, col. 2 [Supreme Ct., Kings County]; Alexander v. Kraemer, N. Y. L. J., March 27,1962, p. 14, col. 1 [Supreme Ct., Kings County].)

Concur — Hart, Di Giovanna and Brown, JJ.

Order modified, etc.

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