General

244-250 East 74 Associates, Inc., Appellant, v. Irving Meissner et al., Defendants. Arthur L. Alexander, Nonparty Respondent

194 A.D.2d 477599 N.Y.S.2d 967·New York Supreme Court, Appellate Division·1993·NY

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Opinion

244-250 East 74 Associates, Inc., Appellant, v Irving Meissner et al., Defendants. Arthur L. Alexander, Nonparty Respondent. [599 NYS2d 967] [MAJORITY] —Judgment, Supreme Court, New York County (Diane Lebedeff, J.), entered May 8, 1992, which granted petitioner’s Judiciary Law § 475 petition to enforce an attorney’s lien, and awarded him the total amount of $24,819.50, unanimously affirmed, with costs. The IAS Court correctly concluded that plaintiffs failure to raise a triable issue of fact precluded the necessity for a hearing. The record conclusively rebuts the four defenses raised by plaintiff client, including an unsupported charge of professional malpractice and a purported conflict of interest by petitioner in the course of his successful representation. The other objections to payment are also without merit. Concur—Wallach, J. P., Kupferman, Ross and Kassal, JJ.