Chadbourne & Parke, LLP v. AB Recur Finans, 18 A.D.3d 222 (N.Y. App. Div. 1st Dep't 2005). · Go Syfert
Chadbourne & Parke, LLP v. AB Recur Finans, 18 A.D.3d 222 (N.Y. App. Div. 1st Dep't 2005). Cases Citing This Book View Copy Cite
52 citation events (52 in the last 25 years) across 7 distinct courts.
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At page 223 Defining charging lien scope and enforceability in litigation proceeds15 citing cases“a charging lien is a security interest in the favorable result of litigation, giving the attorney equitable ownership interest in the client's cause of action and ensuring that the attorney can collect his fee from the fund he has created for that purpose on behalf of the client”6 citing courts quote it · passage not found verbatim in the opinion (82%) · 14 listed here
  • Brunson v. Univ. of Maryland Med. Sys. Corp., 110 A.3d 713 (Md. Ct. Spec. App. 2015).published 2 cites
    “A charging lien is a security interest in the favorable result of litigation.”
  • Walgreen Co. v. Kassover, 2024 NY Slip Op 33785(U) (N.Y. Sup. Ct., New York Cty. 2024).unpublished
    Judiciary Law§ 475 provides in part that "[f]rom the commencement of an action, special or other proceeding .... an attorney who appears for a party has a lien upon his or her client's cause of action, claim or counterclaim which attached…
  • Ilan v. Washington, 2021 NY Slip Op 00256 (N.Y. App. Div. 1st Dep't 2021).published 2 cites
    The court recognized Falero's charging lien in the surplus proceeds of the sale, if any ( see Chadbourne & Parke, LLP v AB Recur Finans , 18 AD3d 222, 223 [1st Dept 2005]; Judiciary Law § 475).
  • Am. E Grp. LLC v. LiveWire Ergogenics Inc., No. 1:18-cv-03969 (S.D.N.Y. Jan. 14, 2020).
    As held by the court in Ruta&Soulios LLP v. Litman&Litman, PC, 9 Misc 3d 1123(A) [Sup Ct 2005] affd, 27 AD3d 236 [1 Dept 2006]: “ A charging lien is a security interest in the favorable result of litigation giving the attorney equitable ow…
  • Baker v. Restaurant Depot, 149 A.D.3d 675 (N.Y. App. Div. 2d Dep't 2017).published
    Thus, the Strassman firm was not entitled to confirmation of the purported settlement or an attorney’s lien pursuant to Judiciary Law § 475 (see Chadbourne & Parke, LLP v AB Recur Finans, 18 AD3d 222, 223 [2005]; cf. Wasserman v Wasserman,…
  • Sprole v. Sprole, 148 A.D.3d 1337 (N.Y. App. Div. 3d Dep't 2017).published 2 cites
    Moreover, a valid charging lien is an “equitable ownership interest in [a] client’s cause of action” (Chadbourne & Parke, LLP v AB Recur Finans, 18 AD3d 222, 223 [2005]) and can properly be pursued by way of motion within the action to whi…
  • Weinberg v. Sultan, 145 A.D.3d 598 (N.Y. App. Div. 1st Dep't 2016).published
    Although appellant participated in the agreement that resulted in the net sales proceeds being placed in escrow, he has no statutory charging lien as to those funds since they were not the proceeds of the “favorable result of litigation” (…
  • Charnow v. Charnow, 134 A.D.3d 875 (N.Y. App. Div. 2d Dep't 2015).published
    “A charging lien is a security interest in the favorable result of litigation, giving the attorney equitable ownership interest in the client’s cause of action and ensuring that the attorney can collect his fee from the fund he has created…
  • Wasserman v. Wasserman, 119 A.D.3d 932 (N.Y. App. Div. 2d Dep't 2014).published
    “A charging lien is a security interest in the favorable result of litigation, giving the attorney equitable ownership interest in the client’s cause of action and ensuring that the attorney can collect his fee from the fund he has created…
  • J.K.C. v. T.W.C., 39 Misc. 3d 899 (N.Y. Sup. Ct. 2013).published
    (Chadbourne & Parke, LLP v AB Recur Finans, 18 AD3d 222, 223 [1st Dept 2005], cited in Dominguez v Zinnar, 2012 NY Slip Op 30138[U] [Sup Ct, NY County 2012].) The Court of Appeals has concluded that because a cause of action is a species o…
Show 4 more citing cases
  • Queller, Fisher, Washor, Fuchs & Kool, LLP v. Law Offices of Lawrence P. Biondi, 94 A.D.3d 1127 (N.Y. App. Div. 2d Dep't 2012).published
    The second action was commenced against a different defendant who was independently liable for the personal injuries sustained by the plaintiff, and the petitioner did not demonstrate that its efforts in commencing the first action contrib…
  • Schneider, Kleinick, Weitz & Damashek v. Suckle, 80 A.D.3d 479 (N.Y. App. Div. 1st Dep't 2011).published
    The plaintiff law firm, which was attorney of record for the prevailing plaintiff in an underlying wrongful death action from the litigation’s inception through the jury verdict, possessed a charging lien under Judiciary Law § 475, pursuan…
  • York v. York, 57 A.D.3d 982 (N.Y. App. Div. 2d Dep't 2008).published
    Although a charging lien has been described, in general terms, as “a security interest in the favorable result of litigation” (Chadbourne & Parke, LLP v AB Recur Finans, 18 AD3d 222, 223 [2005]), a charging lien does not constitute a “secu…
  • Rothfeder v. City of New York, 48 A.D.3d 234 (N.Y. App. Div. 1st Dep't 2008).published
    While a charging lien does extend to settlement proceeds (Costello v Kiaer, 278 AD2d 50, 51 [2000]), it is enforceable only against the portion of the fund created in that action as a result of the attorney’s efforts (see Chadbourne & Park…
794 N.Y.S.2d at 350 A charging lien is a security interest in the favorable result of litigation.9 citing cases4 citing courts put it this way
  • Brunson v. Univ. of Maryland Med. Sys. Corp., 110 A.3d 713 (Md. Ct. Spec. App. 2015).published 2 cites
    (A charging lien is a security interest in the favorable result of litigation.)
  • Hawkins v. Zoegall, No. 2:23-cv-04040 (E.D.N.Y June 26, 2025).
    May 22, 2023) (citing Chadbourne & Parke, LLP v. AB Recur Finans, 794 N.Y.S.2d 349, 350 (App. Div. 1st Dep’t. 2005)).
  • Yu v. Kotobuki Restaurant, Inc., No. 2:17-cv-04202 (E.D.N.Y Mar. 25, 2024).
    May 22, 2023) (citing Chadbourne & Parke, LLP v. AB Recur Finans, 794 N.Y.S.2d 349, 350 (App. Div. 1st Dep’t. 2005)).
  • Davis v. Espinal-Vasquez, No. 7:21-cv-07819 (S.D.N.Y. Mar. 20, 2024).
    First, a charging lien is a “security interest in the favorable result of litigation” that attaches “[f]rom the commencement of an action” once “the attorney [] appears for a party.” Antonmarchi, 678 F. Supp. 2d at 240–41 (first quoting Ch…
  • Marri Furk v. Orange-Ulster Boces, No. 7:15-cv-06594 (S.D.N.Y. May 22, 2023).
    “A charging lien is a security interest in the favorable result of litigation, giving the attorney equitable ownership interest in the client's cause of action”
  • Arias v. A & J Deli Fish Corp., No. 1:19-cv-04042 (S.D.N.Y. Feb. 20, 2020).
    AB Recur Finans, 18 A.D.3d 222, 223 , 794 N.Y.S.2d 349, 350 (1st Dep't 2005)).
  • Gonzalez v. Trees R Us, Inc., No. 2:14-cv-07487 (E.D.N.Y Sept. 23, 2019).
    Edison Co. of N.Y., 678 F. Supp. 2d 235, 240 (S.D.N.Y. 2010) (quoting Chadbourne & Parke, LLP v. AB Recur Finans, 794 N.Y.S.2d 349, 350 (1st Dep't 2005)).
  • Stevens, Hinds & White, P.C. v. Fisher, Byrialsen & Kreizer, PLLC, 832 F.3d 150 (2d Cir. 2016).published
    “a security interest in the favorable result of [that] litigation”
  • ANTONMARCHI v. Consol. Edison Co. of New York, 678 F. Supp. 2d 235 (S.D.N.Y. 2010).published
    “A charging lien is a security interest in the favorable result of litigation, giving the attorney equitable ownership interest in the client’s cause of action”
At page 222 Order, Supreme Court, New York County (Harold B. Beeler, J.), entered October 14, 2004, which determined that petitioner was not discharged for cause and…2 citing casesopening of page *222 (no citing court says what it cites this page for)
  • Maher v. Quality Bus Serv., LLC, 144 A.D.3d 990 (N.Y. App. Div. 2d Dep't 2016).published
    “Although the determination that an attorney was discharged for cause may be based upon either negligence or misconduct, more than a generalized dissatisfaction with counsel’s services is required,” and the client must make a prima facie s…
  • Roe v. Roe, 117 A.D.3d 1217 (N.Y. App. Div. 3d Dep't 2014).published 2 cites
    Corp., 102 AD3d 451 , 453 [2013], affd 22 NY3d 1018 [2013]; see Chadbourne & Parke, LLP v AB Recur Finans, 18 AD3d 222, 222 [2005]).
Other citing cases1 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
Chadbourne & Parke, LLP
v.
AB Recur Finans, Appellants-Respondents
Appellate Division of the Supreme Court of the State of New York.
May 3, 2005.
Published opinion
18 A.D.3d 222
2005 N.Y. App. Div. LEXIS 4739

Order, Supreme Court, New York County (Harold B. Beeler, J.), entered October 14, 2004, which determined that petitioner was not discharged for cause and referred the matter to a special referee to hear and report as to the reasonable value of services it rendered to respondent AB Recur Finans (ABRF), and that petitioner did not have an enforceable charging lien for its claimed contingency fee, unanimously affirmed, without costs.

Where the client has not established a prima facie case sufficient to raise a triable issue of fact, the question of whether the discharge of counsel was for cause is ripe for summary determination (CPLR 409 [b]; De Luccia v Village of Monroe, 180 AD2d 897 [1992]). While ÁBRF’s principal later claimed to have been dissatisfied with the manner in which petitioner pursued the litigation, the letter terminating petitioner’s representation did not indicate dissatisfaction with those services at any time[*223] prior to the discharge, and was not indicative of a termination for cause (see generally Bruk v Albin, 270 AD2d 441 [2000]; Matter of New York State Urban Dev. Corp., 215 AD2d 310 [1995]). Although Kilpatrick Stockton, LLP later alluded to misconduct by petitioner, its letter was sent months after the discharge, and then only in response to petitioner’s assertion of a hen.

Petitioner was not entitled to a charging lien under Judiciary Law § 475. A charging lien is a security interest in the favorable result of litigation (see Butler, Fitzgerald & Potter v Gelmin, 235 AD2d 218 [1997]), giving the attorney equitable ownership interest in the client’s cause of action and ensuring that the attorney can collect his fee from the fund he has created for that purpose on behalf of the client (see LMWT Realty Corp. v Davis Agency, 85 NY2d 462, 467-468 [1995]). While a charging lien extends to settlement proceeds (Costello v Kiaer, 278 AD2d 50, 51 [2000]), it is enforceable only against the fund created in that action (see Schneider, Kleinick, Weitz, Damashek & Shoot v City of New York, 302 AD2d 183, 187-188 [2002]; Haser v Haser, 271 AD2d 253 [2000]; Butler, Fitzgerald & Potter, 235 AD2d at 219). “In other words, the litigation or settlement must result in more than the mere entry of a judgment on behalf of a client: there must be proceeds from the litigation upon which the lien can affix” (Banque Indosuez v Sopwith Holdings Corp., 98 NY2d 34, 44 [2002]).

Here, the Andersson action, where petitioner represented ABRF in seeking to recover damages against Judson Warehouse for breach of an agreement not to release a painting, and the Nordstern action, where Kilpatrick Stockton represented ABRF in seeking to recover the proceeds of a policy insuring Judson, are distinct causes of action. The insurance proceeds obtained in the Nordstern action were not created as a result of petitioner’s efforts (cf. Kaplan v Reuss, 113 AD2d 184, 187 [1985], affd 68 NY2d 693 [1986]). Notwithstanding the absence of a charging lien, the court did not err in referring the matter to a special referee to compute the amount due petitioner on a quantum meruit basis (cf. Matter of Jacob D. Fuchsberg Law Firm v Danzig, 248 AD2d 178 [1998]).

We have considered the parties’ other arguments for affirmative relief and find them unavailing. Concur—Mazzarelli, J.P., Sullivan, Ellerin, Gonzalez and Sweeny, JJ.