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← 70 Misc. 2d 521 - Spinello v. Spinello

70 Misc. 2d 521 - Spinello v. Spinello’s Empirical Analysis

1972

Citation profile

16
cited by 16 later decisions
2
states following
August 2005
most recently cited

2 federal appellate · 4 state decisions

Relationships

Relies on Romaine v. . Chauncey · Turner v. . Woolworth · 10 E.H. Smith 316 - Schenck v. . Barnes · Ward v. . Craig · Matter of Cooper (Mccauley)

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “§ 475. Attorney's lien in action, special or other proceeding From the commencement of an action, special or other proceeding in any court or before any state, municipal or federal department, except a department of labor, or the service of an answer containing a counterclaim, the attorney who appears for a party has a lien upon his client's cause of action, claim or counterclaim, which attaches to a verdict, report, determination, decision, judgment or final order in his client's favor, and the proceeds thereof in whatever hands they may come; and the lien cannot be affected by any settlement between the parties before or after judgment, final order or determination. The court upon the petition of the client or attorney may determine and enforce the lien.”
    2 later decisions quote this exact passage
  2. “[T]he agent responsible for the creation of an asset ... should have security for payment of his fees out of the very monies which would not exist but for his services. It is regarded as an equitable assignment to the attorney of the funds produced by his efforts.”
    1 later decision quote this exact passage
  3. “. . . the attorney's lien enjoys a paramount priority over other claims . . . Should the claim of a creditor, albeit for alimony , be allowed to defeat the attorney's lien, the protection securing the payment of just fees would be defeated (emphasis added).”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.