Tenant's Attorney Must Return Escrow Money to Landlord

April 30, 1996

LVT Number: 10563

Landlord sued to evict tenant for nonpayment of rent. Landlord sought tenant's back rent, which tenant's former attorney held in an escrow account. Tenant's former attorney turned the money over but asked the court to get it back. The court ruled for landlord and directed the attorney to turn over the rent money in escrow to landlord. The attorney appealed, and the appeals court ruled against the attorney. The attorney gave up any right to challenge the court's authority in this matter when he voluntarily turned over the money to landlord's attorney.

Landlord sued to evict tenant for nonpayment of rent. Landlord sought tenant's back rent, which tenant's former attorney held in an escrow account. Tenant's former attorney turned the money over but asked the court to get it back. The court ruled for landlord and directed the attorney to turn over the rent money in escrow to landlord. The attorney appealed, and the appeals court ruled against the attorney. The attorney gave up any right to challenge the court's authority in this matter when he voluntarily turned over the money to landlord's attorney. Tenant's attorney was entitled to a fee from tenant, but the funds held in escrow were the disputed rent funds, not monies to which tenant's attorney had a claim.

Pik Record Co. v. Eckstein: NYLJ, p. 27, col. 4 (4/4/96) (App. Div. 1 Dept.; Rosenberger, JP, Wallach, Kupferman, Nardelli, Williams, JJ)

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