Summary
holding amount of lien to be determined on a quantum meruit basis subsequent to any recovery in underlying action
Summary of this case from Universal Acupuncture Pain v. State Farm Mut.Opinion
November 14, 1977
Appeal from the Jefferson Supreme Court.
Present — Marsh, P.J., Moule, Dillon and Witmer, JJ.
Order unanimously affirmed, without costs. Memorandum: 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 Jud. of the Judiciary Law (see Matter of Regan v Frisone, Inc., 54 A.D.2d 1125; see, also, Matter of Cooper, 291 N.Y. 255). 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.) 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.