In Woodbury v. Andrew Jergens Co., 69 F2d 49 [2d Cir 1934] (L. Hand), the court held that, under plaintiff's agreement to pay one third of the amount recovered from the defendant to his attorneys, one of whom was not an attorney of record, the attorney who was not of record "became by the law of New York an equitable assignee of the cause of action pro tanto," though he had no charging lien for fees (Id. at 50) Moreover, the court held that "it can scarcely be that an equitable assignee is in a weaker position than a statutory lienor, who is often referred to as such an assignee." (Id.)