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COHEN v. GRAINGER, TESORIERO

81 N.Y.2d 655 (1993)

622 N.E.2d 288

602 N.Y.S.2d 788

In the Matter of Max Cohen, Appellant, v. Grainger, Tesoriero & Bell et al., Respondents.

Court of Appeals of the State of New York.

Decided October 14, 1993.

Attorney(s) appearing for the Case

Irving W. Fein, New York City, for appellant.

Florrie L. Wertheimer, P. C., New York City (Jay M. Solomon of counsel), respondent, pro se, and for Grainger, Tesoriero & Bell and others, respondents.

Chief Judge KAYE and Judges TITONE, HANCOCK, JR., BELLACOSA, SMITH and LEVINE concur.

SIMONS, J.

This appeal presents two questions: (1) does a discharged attorney who has instituted a personal injury action in State courts have a statutory lien on a recovery obtained for the client on the same claim sued by a successor attorney in Federal courts; (2) when must a discharged attorney, retained on a contingent fee basis, elect the method of computing the...

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