FICARO v. ALEXANDER

2015-09324, Index No. 4496/11.

142 A.D.3d 1043 (2016)

37 N.Y.S.3d 611

CHRISTOPHER J. FICARO et al., Plaintiffs, v. C.M. ALEXANDER, Also Known as CHRISTINA M. ALEXANDER, Defendant. BONITA E. ZELMAN, Nonparty Appellant; IROM WITTELS FREUND BERNE & SERRA, P.C., Nonparty Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided September 21, 2016.


Ordered that the order is affirmed, with costs.

"When there is a fee dispute between the current and discharged attorneys for the plaintiff in an action to which a contingent fee retainer agreement applies, `[t]he discharged attorney may elect to receive compensation immediately based on quantum meruit or on a contingent percentage fee based on his or her proportionate share of the work performed on the whole case'" (Wodecki v Vinogradov, 125...

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