Plaintiff brought this special proceeding to enforce a charging lien. Regardless of whether the parties consented to convert the proceeding to a plenary action, the court's determination to do so pursuant to the statute was a sound exercise of discretion. Based on the record, there are numerous unresolved factual issues that warrant discovery concerning the amount of attorney's fees, if any, that petitioner is entitled to recover on a quantum meruit basis. The Appellate Division notes that, as a general matter, a claim for quantum meruit recovery, as opposed to a claim on a charging lien, should be brought as a plenary action. Upon converting the proceeding to an action, the court properly deemed the petition to be converted to a complaint, and the language permitting the petition to be withdrawn was superfluous.
Matter of David H. Berg & Assoc. v. Weksler, NY Slip Op 02489 (1st Dep't April 27, 2021)
