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LAI LING CHENG v. MODANSKY

73 N.Y.2d 454 (1989)

Lai Ling Cheng et al., as Coconservators of Teresa D. Wong, Conservatee, Plaintiffs, v. Modansky Leasing Co., Inc., et al., Defendants and Third-Party Plaintiffs, et al., Third-Party Defendants. Edward J. Murtaugh, Nonparty Appellant; Lipsig, Sullivan & Liapakis, P. C., Nonparty Respondent.

Court of Appeals of the State of New York.

Decided May 4, 1989.

Attorney(s) appearing for the Case

Jon Holden Adams for appellant.

Cheryl Eisberg Moin, Pamela Anagnos Liapakis and Cyrus M. Diamond, respondent pro se.

Chief Judge WACHTLER and Judges KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

SIMONS, J.

This appeal involves a dispute between incoming and outgoing attorneys retained in a personal injury claim over the proper fee to be awarded to the outgoing attorney. The incoming attorneys contend that his fee should be determined on a fixed dollar amount based on the reasonable value of his services. The outgoing attorney asserts that he is entitled to a contingent percentage fee based on his proportionate...

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