Leon v. Martinez

In Leon v. Martinez (193 AD2d 788 [2d Dept 1993]), the defendant attorney who drafted and notarized a document that gave plaintiffs a lien on the proceeds of his client's personal injury action was sued by the plaintiffs, after he disbursed proceeds from the settlement of the action to his client in disregard of the lien or assignment. The trial court granted the attorney's CPLR 3211 motion to dismiss, reasoning that his preparation of the document did not create a personal liability on his part. The Appellate Division reversed, and held that "where attorneys have notice of an assignment or a portion of their client's claim for personal injuries and pay out money in disregard of the assignment, they may be liable to the assignees." Id. at 789 . The appellate court's decision was affirmed by the Court of Appeals.