INDOSUEZ v. Algol Investment Company Limited, et al., Defendants. (2001)

Supreme Court, Appellate Division, First Department, New York.

Banque INDOSUEZ, Plaintiff-Respondent, v. SOPWITH HOLDINGS CORP., et al., Defendants-Appellants, Algol Investment Company Limited, et al., Defendants.
Sopwith Holdings Corp., et al., Plaintiffs-Appellants, Algol Investment Company Limited, et al., Plaintiffs, v. Banque Indosuez, et al., Defendants-Respondents. Katz, Barron, Squitero and Faust, P.A., Non-Party Appellant. [And Other Actions].

Decided: November 15, 2001

ROSENBERGER, J.P., WILLIAMS, ELLERIN, BUCKLEY and MARLOW, JJ.

James P. Smith, III, for Banque Indosuez. Thomas R. Newman, for Sopwith Holdings Corp., and Katz, Barron, Squitero and Faust, P.A.

Judgment, Supreme Court, New York County (Helen Freedman, J.), entered July 6, 2001, upon a prior order, same court and Justice, entered June 29, 2001, which, inter alia, denied defendants' motion for an order directing plaintiff to pay defendants' counsel interest upon their charging lien, unanimously affirmed, without costs.

The court's determination not to award post-judgment interest on the charging lien of defendants' counsel fixed therein was correct (see, Hayes v. City of New York, 264 A.D.2d 610, 695 N.Y.S.2d 328). Defendants' counsels' charging lien is, however, to have priority over plaintiff's right of set-off (see, Banque Indosuez v. Sopwith Holdings Corp., 275 A.D.2d 662, 713 N.Y.S.2d 179, lv. dismissed 96 N.Y.2d 824, 729 N.Y.S.2d 443, 754 N.E.2d 203).

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network