Luca v. Giaccone et al
| James R. Luca |
| Carlo Dellapina, Fairfield Financial Mortgage Group, Inc., Candice Giaccone, Michael A. Haskel, Esq. and Scott A. Steinberg, Esq. |
| 2:2016cv04975 |
| September 7, 2016 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Pamela K. Chen |
| Arlene R. Lindsay |
| Contract: Recovery/Enforcement |
| Motion for Return of Property |
| None |
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Filing
22
MEMORANDUM AND ORDER. For the reasons stated in the attached Memorandum and Order, the Court declares that Fairfields Attorneys have a charging lien over the funds deposited in the Escrow Settlement Fund and that Fairfields Attorneys charging lien ha s priority over any charging or judgment lien possessed by Luca or LL&A. Further, the Court finds that LL&A does not possess a retaining lien over the funds deposited in the Escrow Settlement Fund, and, even if LL&A did possess a retaining lien, it would be subordinate to Fairfields Attorneys charging lien. Accordingly, Lucas motion 10 is denied and Fairfields motion 12 is granted.The parties shall submit a status report by August 31, 2017, confirming that the Escrow Settlement Fund was turned over to Fairfield's Attorneys in accordance with the parties' Stipulations 9 and 14 and this Order. Ordered by Judge Pamela K. Chen on 8/24/2017. (Fletcher, Camille)
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