Lee v. Nejat

Summary

The Appellate Division, First Department unanimously affirmed an order granting plaintiff’s former counsel a charging lien and a retaining lien. The court held that plaintiff failed to make a prima facie showing that counsel was discharged for cause, that no hearing was required, and that the record did not support plaintiff’s claims concerning inability to pay the retaining lien or obtain medical records.

Holdings

1. Supreme Court properly summarily granted plaintiff's former counsel a charging lien and a retaining lien because plaintiff did not make a prima facie showing requiring a hearing.
2. The amount of work performed by former counsel and the nature of its contribution to the ultimate judgment are not relevant to determining whether a charging lien exists.
3. Plaintiff did not establish a factual basis for requiring a hearing concerning her alleged inability to pay the retaining lien or otherwise obtain copies of medical records.

Questions Presented

1. Whether Supreme Court properly granted plaintiff's former counsel a charging lien and a retaining lien without a hearing.
2. Whether plaintiff made a prima facie showing that her former counsel was discharged for cause and therefore was not entitled to compensation or a retaining lien.
3. Whether the amount of work performed by former counsel and the nature of its contribution to the ultimate judgment were relevant to the existence of a charging lien.
4. Whether plaintiff presented sufficient evidence that she could not pay the retaining lien or otherwise obtain copies of medical records to require further proceedings.

Disposition

affirmed