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DUGAN v. DORFF CONSTRUCTION COMPANY, INC.

281 A.D.2d 158 (2001)

721 N.Y.S.2d 53

JOSEPH DUGAN et al., Plaintiffs, v. DORFF CONSTRUCTION COMPANY, INC., Defendant. (And a Third-Party Action.) SACKS AND SACKS, ESQ., Nonparty Appellant; BERT TARAS, P. C., Nonparty Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided March 1, 2001.

In the unique situation presented, where Sacks and Sacks originally handled the underlying personal injury action, the Taras firm was retained and then discharged (within a month) after having performed minimal preliminary work on the case, and the case was transferred back to Sacks and Sacks, we find that the Taras firm is precluded from recovering two thirds of Sacks and Sacks' fee as provided in the fee splitting arrangement. The agreement granting the Taras firm two thirds...

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