Desmond v. Socha
| Decision Date | 05 October 1972 |
| Citation | 31 N.Y.2d 687,337 N.Y.S.2d 261 |
| Court | New York Court of Appeals Court of Appeals |
| Parties | , 289 N.E.2d 181 Application of John L. DESMOND, Attorney at Law, Appellant, v. Walter J. SOCHA, Respondent. |
Appeal from the Supreme Court, Appellate Division, Third Department, 38 A.D.2d 22, 327 N.Y.S.2d 178.
Stephen M. Kiernan, Albany, for appellant.
Daniel D. Mead, Schenectady, for respondent.
An appeal was taken from an order of the Supreme Court at Special Term, Schenectady County, Harold R. Soden, J., fixing attorney fees and granting attorney a lien on certain real property of client.
The Appellate Division reversed and dismissed the petition. It held that the attorney had no lien on the client's realty for services rendered in successfully representing client in seeking removal of onerous zoning restrictions as there was nothing recovered or created by the attorney's efforts to which a lien could attach, notwithstanding the fact that the attorney had enhanced the value of the realty. The attorney appealed.
In the Court of Appeals the attorney claimed that the court had jurisdiction to determine and enforce lien pursuant to statute and that the amount of lien determined was not excessive. The client urged that since there was no creation of a fund or recovery of title as result of attorney's services the court lacked jurisdiction to enforce an equitable lien under statute. Also the client asserted that the amount of lien determined below was excessive.
Order affirmed, without costs.
All concur.
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