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Petrillo v. Petrillo

Appellate Division of the Supreme Court of New York, Second Department
Mar 15, 1982
87 A.D.2d 607 (N.Y. App. Div. 1982)

Opinion

March 15, 1982

Appeal from so much of an order of the Supreme Court, Westchester County (Burchell, J.), dated March 11, 1981, as directed appellants to deliver to plaintiff's new counsel the file in the action.


Order reversed insofar as appealed from, on the law, without costs or disbursements and matter remitted to Special Term for a hearing to fix the amount of the outgoing attorneys' lien, if any, and to condition the turnover upon payment of the sum thereby found to be due from plaintiff to her former attorneys or the posting of security therefor. The hearing shall proceed expeditiously. Plaintiff's former attorneys have a common-law retaining lien on the papers in their possession, and the circumstances are not so exigent as to require turnover of the papers prior to a hearing to determine whether the value of their legal services is in excess of the sums previously paid to them (see Gamble v. Gamble, 78 A.D.2d 673; Yaron v. Yaron, 58 A.D.2d 752; Shatzkin v. Shahmoon, 19 A.D.2d 658). Mollen, P.J., Lazer, Mangano and Niehoff, JJ., concur.


Summaries of

Petrillo v. Petrillo

Appellate Division of the Supreme Court of New York, Second Department
Mar 15, 1982
87 A.D.2d 607 (N.Y. App. Div. 1982)
Case details for

Petrillo v. Petrillo

Case Details

Full title:ABBIE L. PETRILLO, Respondent, v. TED PETRILLO, Individually and as…

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

Date published: Mar 15, 1982

Citations

87 A.D.2d 607 (N.Y. App. Div. 1982)

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