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Matter of Minzner v. Juron

Appellate Division of the Supreme Court of New York, Second Department
May 13, 1996
227 A.D.2d 491 (N.Y. App. Div. 1996)

Opinion

May 13, 1996

Appeal from the Supreme Court, Westchester County (Silverman, J.).


Ordered that the order is modified by deleting the provision thereof directing Albert A. Juron to pay motion costs in the amount of $250 and substituting therefor a provision directing him to pay motion costs in the amount of $100; as so modified, the order is affirmed insofar as appealed from, with costs to the petitioner.

The appellant is not entitled to be named as a payee on all checks received by the petitioner in payment or settlement of actions originated by the professional corporation. The purpose of charging liens is to protect attorneys from losing their fees to the "knavery" of their clients ( see, Matter of City of New York [United States Coblentz], 5 N.Y.2d 300, 307; Capoccia v Brognano, 126 A.D.2d 323, 326). The charging lien was not intended to protect the rights of a shareholder in a dissolving professional corporation (see, Capoccia v. Brognano, supra).

The petitioner requested only "motion costs" at the Supreme Court. Costs awarded on a motion may not exceed $100 ( see, CPLR 8202). Since the petitioner did not request sanctions, and the contentions of the appellant are not frivolous, the costs awarded in connection with the petitioner's motion have been reduced to $100 ( cf., Eirand v. Macri, 213 A.D.2d 585).

We have reviewed the appellant's remaining contentions and find them to be without merit. Thompson, J.P., Joy, Krausman and Florio, JJ., concur.


Summaries of

Matter of Minzner v. Juron

Appellate Division of the Supreme Court of New York, Second Department
May 13, 1996
227 A.D.2d 491 (N.Y. App. Div. 1996)
Case details for

Matter of Minzner v. Juron

Case Details

Full title:In the Matter of EDWARD S. MINZNER, Respondent, v. ALBERT A. JURON…

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

Date published: May 13, 1996

Citations

227 A.D.2d 491 (N.Y. App. Div. 1996)
642 N.Y.S.2d 931

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