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CAMPAGNOLA v. MULHOLLAND

76 N.Y.2d 38 (1990)

Kathleen Campagnola et al., Respondents, v. Mulholland, Minion & Roe et al., Appellants. (And a Third-Party Action.)

Court of Appeals of the State of New York.

Decided May 8, 1990.

Attorney(s) appearing for the Case

Peter L. Contini for appellants.

Harry Organek for respondents.

Judges KAYE, TITONE and BELLACOSA concur with Judge ALEXANDER; Judge KAYE concurs in a separate opinion; Judge SIMONS dissents and votes to reverse in another opinion in which Chief Judge WACHTLER and Judge HANCOCK, JR., concur.

ALEXANDER, J.

In this action for legal malpractice, defendant attorneys seek to offset against any damages recoverable by the plaintiff clients, the contingent fee provided for in the retainer agreement executed between them in respect to the underlying personal injury claim. We hold that in the circumstances of this case, such an offset is impermissible.

I

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