Hyperlawhypertext legal databasebeta In re the Dissolution of Peerless Sales Corp. 48 N.Y.2d 778

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In re the Dissolution of Peerless Sales Corp.

48 N.Y.2d 778 Court N.Y. Decision date 1979-11-15 English

Contents

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p. 778
In the Matter of the Dissolution of Peerless Sales Corp. and Other Corporations. Burns Jackson Miller Summit & Jacoby, Appellant; Arthur Rice et al., Respondents.
Argued October 17, 1979;
decided November 15, 1979
p. 779
APPEARANCES OF COUNSEL
Eugene F. Bannigan, John W. Castles, 3d, Stephen J. Crimmins and Laurie E. Foster for appellant.
Samuel N. Greenspoon for respondents.

OPINION OF THE COURT

Order modified, with costs to appellant, by granting the petition to enforce the lien and remitting the matter to the

p. 780
Supreme Court, Nassau County, for determination of the amount of the lien for the reasons stated in the dissenting opinion by Mr. Justice James D. Hopkins at the Appellate Division (68 AD2d, at pp 480-481); and, as so modified, order affirmed, noting only that section 475 of the Judiciary Law provides in part that "the lien cannot be affected by any settlement between the parties before or after judgment, final order or determination.”

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

Statutes and regulations cited