KAPLAN v. REUSS, 68 N.Y.2d 693 (1986)

506 N.Y.S.2d 304, 497 N.E.2d 671

NORMAN A. KAPLAN, Appellant, v. FREDERICK M. REUSS, JR., et al., as Executors of ARCHIMEDES CERVERA, Deceased, Respondents.

Court of Appeals of the State of New York.Argued May 29, 1986
Decided July 1, 1986

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Ernest L. Signorelli, S.

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Walter L. Rich and Frederick Z. Konigsberg for appellant.

Richard G. Handler for respondents.

Order affirmed, with costs. We agree with the Appellate Division, for the reasons stated in the opinion by Justice Leon D. Lazer, that plaintiff is not entitled to enforce his attorney’s charging lien on the proceeds of the life insurance policy. Although plaintiff was not required to assert a counterclaim in prior litigation, by otherwise failing to timely assert the

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lien within a reasonable time after it attached, plaintiff waived his right to enforce the lien as a matter of law (see, Todd v Mutual Factors, 3 A.D.2d 537, 546, affd 4 N.Y.2d 759).

Concur: Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR.