Rosen v. Rosen, 97 A.D.2d 837 (N.Y. App. Div. 1983). · Go Syfert
Rosen v. Rosen, 97 A.D.2d 837 (N.Y. App. Div. 1983). Cases Citing This Book View Copy Cite
69 citation events (23 in the last 25 years) across 10 distinct courts.
Strongest positive: Lee v. Nejat (nyappdiv, 2025-12-16)
Treatment trajectory · 1983 → 2026 · click a year to view as-of
1983 2004 2026
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited as authority (rule) Lee v. Nejat
N.Y. App. Div. · 2025 · confidence medium
There is no evidence to support plaintiff's claims regarding her inability to pay the retaining lien or to otherwise obtain copies of the medical records in EKJ's file ( see generally Cohen v Cohen , 183 AD2d 802, 803 [2d Dept 1992]; Rosen v Rosen , 97 AD2d 837, 837 [2d Dept 1983]).
discussed Cited as authority (rule) Ray v. Balestriere Fariello
S.D.N.Y. · 2021 · confidence medium
Under New York law, generally “[w]here a client requests that papers in the possession of his former attorney be returned to him, and the attorney asserts a claim for compensation for services rendered, the attorney is entitled to a determination fixing the value of his services, and the amount so fixed must be paid or otherwise secured to the attorney before any such turnover may be enforced.” Prout v. Vladeck, 316 F. Supp. 3d 784, 808 (S.D.N.Y. 2018) (quoting Rosen v. Rosen, 468 N.Y.S.2d 723, 724 (2d Dep’t 1983)).
discussed Cited as authority (rule) Stair v. Calhoun
E.D.N.Y · 2010 · confidence medium
A lien would only serve to make this situation more difficult. “[W]hen a client has made an unrefuted or uncontroverted showing of ‘exigent circumstances,’ such as indigence, the court will relegate the outgoing attorney to a charging lien on the proceeds of the action, pursuant to Judiciary Law § 475.” Cohen v. Cohen, 183 A.D.2d 802 , 584 N.Y.S.2d 116, 118 (1992) (finding indigence could relegate the outgoing attorney’s retaining lien to a charging lien) (citing Katsaros v. Katsaros, 152 A.D.2d 539 , 543 N.Y.S.2d 478 (1989) and Rosen v. Rosen, 97 A.D.2d 837 , 468 N.Y.S.2d 723 (1983…
cited Cited as authority (rule) Katsaros v. Katsaros
N.Y. App. Div. · 1989 · confidence medium
The appellant is entitled to an immediate hearing to determine these issues (see, Rosen v Rosen, supra, at 837).
discussed Cited "see" Goney v. SuttonPark Capital LLC (2×)
S.D.N.Y. · 2021 · signal: see · confidence high
See Rosen v. Rosen, 97 A.D.2d 837, 837 (2d Dep’t 1983); Sage Realty Corp. v. Proskauer Rose Goetz & Mendelsohn L.L.P., 91 N.Y.2d 30, 34 (1997).
discussed Cited "see" Bernard v. De Rham
N.Y. App. Div. · 2018 · signal: see · confidence high
Contrary to defendant's contention, Judiciary Law § 475 does not preclude the attachment and enforcement of a charging lien on an award in his favor, which may include an award of legal fees from his ex-wife ( see Cohen v Cohen , 160 AD2d 571, 572 [1st Dept 1990] [holding that "[a]lthough a charging lien does not attach to an award of alimony and maintenance, section 475 does not preclude the enforcement of such lien upon any other award made in the action"] [internal citation omitted]; see Rosen v Rosen , 97 AD2d 837 [2nd Dept 1983] [holding that "(w)hile a charging lien does not attach to a…
Retrieving the full opinion text from the archive…
Arlene S. Rosen
v.
Samuel D. Rosen, Joel R. Brandes, Nonparty
Appellate Division of the Supreme Court of the State of New York.
Nov 28, 1983.
97 A.D.2d 837
1983 N.Y. App. Div. LEXIS 20631
Cited by 38 opinions  |  Published

In a matrimonial action, Joel R. Brandes appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Morrison, J.), dated October 18, 1982, as (1) directed him to turn over to plaintiff the file in the action; (2) granted him a charging lien on the proceeds received by plaintiff, and (3) deferred the issue of the reasonable value of his services for the trial court’s determination. Order modified, by deleting the provision which deferred the issue of the reasonable value of appellant’s services for the trial court’s determination. As so modified, order affirmed, insofar as appealed from, without costs or disbursements, and the matter is remitted to Special Term for a prompt hearing in accordance herewith. Where an. attorney voluntarily withdraws from a case for just cause, he has a retaining lien on his client’s papers for the unpaid balance due to him, or a charging lien which attaches to the proceeds of the judgment and cannot be affected by a settlement between the parties (see People v Keeffe, 50 NY2d 149; Levitas v Levitas, 96 Mise 2d 929; Judiciary Law, § 475). Generally, where a client requests that papers in the possession of his former attorney be returned to him, and the attorney asserts a claim for compensation for services rendered, the attorney is entitled to a determination fixing the value of his services, and the amount so fixed must be paid or otherwise secured to the attorney before any such turnover may be enforced (see, e.g., Petrillo v Petrillo, 87 AD2d 607; Gamble v Gamble, 78 AD2d 673). However, in light of plaintiff’s uncontroverted allegations of indigency, it would be inequitable for appellant to retain plaintiff’s papers in the action, since that would render it almost impossible to prepare her case for trial (Williams v Hertz Corp., 75 AD2d 766; cf. Petrillo v Petrillo, supra). The court, therefore, was correct in awarding appellant a charging lien on any proceeds to be received by plaintiff upon resolution of the action, instead of a retaining lien on her file (Williams v Hertz Corp., supra; cf. Goldenstein v Goldenstein, 28 AD2d 962). While a charging lien does not attach to an . award of alimony and maintenance (Turner v Woolworth, 221 NY 425), section 475 of the Judiciary Law does not preclude the enforcement of such a lien upon another award made in the action, such as an award of counsel fees to either the client or to subsequent counsel (White v White, 107 Mise 2d 551; Levitas v Levitas, supra). However, appellant is entitled to a summary determination of the amount of the charging lien (see,[*838] e.g., Petrillo v Petrillo, supra; Williams v Hertz Corp., supra). Accordingly, this matter is remitted to Special Term for a hearing to determine if appellant is entitled to compensation and if so, in what amount. Payment of the amount set by Special Term is to be deferred and to be made from any recovery in the action, upon the conclusion thereof. Bracken, J. P., Brown, Niehoff and Boyers, JJ., concur.