Shaad, Matter of
| Decision Date | 14 November 1977 |
| Citation | 59 A.D.2d 1061,399 N.Y.S.2d 822 |
| Parties | In the Matter of Robert B. SHAAD, Appellant. Lyman PECK v. William MOUSAW. |
| Court | New York Supreme Court — Appellate Division |
Robert B. Shaad, pro se.
Brown & Silver, Ross Brown, Morristown.
Before MARSH, P. J., and MOULE, DILLON and WITMER, JJ.
The court directed that appellant deliver his file in the underlying action to the attorney substituted in his place and allowed him a charging lien upon the proceeds of the pending lawsuit. The allowance of this charging lien was proper under section 475 of the Judiciary Law (see Matter of Regan v. Frisone, Inc., 54 A.2d 1125, 388 N.Y.S.2d 798; see also, Matter of Cooper (McCauley ), 291 N.Y. 255, 52 N.E.2d 421). The amount of such lien should be determined on a quantum meruit basis, i. e., the reasonable value of the services rendered by appellant. (Matter of Montgomery, 272 N.Y. 323, 6 N.E.2d 40.) It was not necessary, however, that the court make such determination at the time of granting the lien but, rather, it may determine the amount of the lien subsequent to any recovery in the underlying action. Furthermore, the amount of the recovery in that action is one of the elements to be considered in fixing the reasonable value of the services rendered.
Order unanimously affirmed without costs.
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