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Kaplan v. Reuss

Court of Appeals of the State of New York
Jul 1, 1986
68 N.Y.2d 693 (N.Y. 1986)

Summary

failing to timely assert the charging lien within a reasonable time after it attached

Summary of this case from J.K.C. v. T.W.C.

Opinion

Argued May 29, 1986

Decided July 1, 1986

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Ernest L. Signorelli, S.

Walter L. Rich and Frederick Z. Konigsberg for appellant.

Richard G. Handler for respondents.


Order affirmed, with costs. We agree with the Appellate Division, for the reasons stated in the opinion by Justice Leon D. Lazer, that plaintiff is not entitled to enforce his attorney's charging lien on the proceeds of the life insurance policy. Although plaintiff was not required to assert a counterclaim in prior litigation, by otherwise failing to timely assert the lien within a reasonable time after it attached, plaintiff waived his right to enforce the lien as a matter of law (see, Todd v Mutual Factors, 3 A.D.2d 537, 546, affd 4 N.Y.2d 759).

Concur: Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR.


Summaries of

Kaplan v. Reuss

Court of Appeals of the State of New York
Jul 1, 1986
68 N.Y.2d 693 (N.Y. 1986)

failing to timely assert the charging lien within a reasonable time after it attached

Summary of this case from J.K.C. v. T.W.C.
Case details for

Kaplan v. Reuss

Case Details

Full title:NORMAN A. KAPLAN, Appellant, v. FREDERICK M. REUSS, JR., et al., as…

Court:Court of Appeals of the State of New York

Date published: Jul 1, 1986

Citations

68 N.Y.2d 693 (N.Y. 1986)
506 N.Y.S.2d 304
497 N.E.2d 671

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