On October 3, 2023, Justice Crane of the New York County Commercial Division issued a decision in Seymour v. Hovnanian, 2023 NY Slip Op. 33433(U), holding that the Judiciary Law does not entitle an attorney suing to enforce a charging lien to fees, explaining:
[T]he court denies TKD’s request for its costs and fees in making this motion. Where an attorney brings a motion to establish and enforce a charging lien under the Judiciary Law, the court has no power to award the attorney counsel fees for the sums expended in bringing the action.
(Internal citations omitted).