[DOWNLOAD] "Matter Istim v. Chemical Bank" by Court of Appeals of New York ~ eBook PDF Kindle ePub Free

eBook details

Title: Matter Istim v. Chemical Bank
Author : Court of Appeals of New York
Release Date : January 17, 1991
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 59 KB

Description

[78 N.Y.2d 342 Page 344] Opinion OF THE COURT Both parties to this appeal claim a right to a settlement fund from a terminated Illinois Federal court action in which neither party was a litigant. Petitioner Istim, Inc.'s claim is based on a default judgment, and respondent law firm Willkie Farr & Gallagher's claim is based on a disputed statutory attorney's charging lien. The issue before us is a choice-of-law question: whether the Illinois or New York attorney's lien statute applies. If Illinois law applies, Willkie's asserted lien did not attach because it failed to provide the notice apparently required by the Illinois statute. If the New York attorney's lien statute applies, Willkie has a valid claim to the settlement fund. We hold that under the interests analysis approach to choice-of-law questions, the courts below erroneously [78 N.Y.2d 342 Page 345]