Justice Louis York
In a case of first impression, attorney Bonnaig sought a charging lien under Judiciary Law §475 against BrainPop, which settled with Bonnaig's ex-client, Dr. Walton after an EEOC mediation. The court granted defendants' motion to dismiss, and Bonnaig moved for renewal based on an amendment to the statute. BrainPop argued the amendment applied prospectively, not retroactively. Bonnaig represented Walton in her employment-related claims against BrainPop. The court noted that to enforce a charging lien, §475 required that an action or proceeding be commenced, stating as the underlying situation was neither, but an investigation and a mediation §475 was inapplicable. The amendment stated that in addition to actions and proceeding it applied to any means of alternative dispute resolution, including arbitration or mediation. The court stated the postponement of the effective date of the statute was strong evidence the legislature did not intend for it to be retroactive, ruling there was no indication the legislature intended the statute to apply retroactively. Thus, it concluded prospective application was proper, and upon granting Bonnaig's renewal motion, it adhered to its original decision.
