Kaplan v. Reuss — 68 N.Y.2d 693

Majority

p. 693

Norman A. Kaplan, Appellant, v Frederick M. Reuss, Jr., et al., as Executors of Archimedes Cervera, Deceased, Respondents.

Argued May 29, 1986;

decided July 1, 1986

p. 694

APPEARANCES OF COUNSEL

Walter L. Rich and Frederick Z. Konigsberg for appellant.

Richard G. Handler for respondents.

OPINION OF THE COURT

Order affirmed, with costs. We agree with the Appellate Division, for the reasons stated in the opinion by Justice Leon D. Lazer, that plaintiff is not entitled to enforce his attorney’s charging lien on the proceeds of the life insurance policy. Although plaintiff was not required to assert a counterclaim in prior litigation, by otherwise failing to timely assert the

p. 695

lien within a reasonable time after it attached, plaintiff waived his right to enforce the lien as a matter of law (see, Todd v Mutual Factors, 3 AD2d 537 , 546, affd 4 NY2d 759 ).

Concur: Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander, Titone and Hancock, Jr.

Cases cited

Todd v. Mutual Factors, Inc. 3 AD2d 537 N.Y. App. Div. 1957-04-30 at 546 p. 695
Todd v. Mutual Factors, Inc. 4 NY2d 759 N.Y. 1958-02-20 p. 695