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MEMMO v. PEREZ

63 A.D.3d 472 (2009)

882 N.Y.S.2d 24

ANTONIO A. MEMMO, Appellant, v. ELSA I. PEREZ, Defendant and MAYERSON STUTMAN ABRAMOWITZ ROYER LLP, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 9, 2009.

MSAR's charging lien came about not by virtue of Judiciary Law § 475, but rather a stipulation, so ordered by the court, in which plaintiff agreed that MSAR "shall have a charging lien against plaintiff and plaintiff's share of equitable distribution, if any, in the amount of $70,000." Accordingly, plaintiff will not be heard to argue that because MSAR's efforts did not create a "new fund" greater than the value of interests already held by plaintiff, MSAR does not have...

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