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YALANGO v. POPP

84 N.Y.2d 601 (1994)

644 N.E.2d 1318

620 N.Y.S.2d 762

Daniel A. Yalango, an Incompetent, by Alan P. Goldberg, the Committee of His Property, Appellant, et al., Plaintiff, v. A. John Popp et al., Defendants; O'Connell and Aronowitz, P. C., Respondent.

Court of Appeals of the State of New York.

Decided December 8, 1994.

Attorney(s) appearing for the Case

Herzog, Engstrom & Koplovitz, P. C., Albany (Frederick B. Galt of counsel), for appellant.

O'Connell and Aronowitz, Albany (Cornelius D. Murray of counsel), respondent pro se.

Chief Judge KAYE and Judges SIMONS, SMITH and CIPARICK concur with Judge TITONE; Judge LEVINE dissents in part in a separate opinion in which Judge BELLACOSA concurs.

TITONE, J.

The sole issue presented on this appeal is whether respondent law firm has met the criteria for departing from the mandatory medical malpractice attorney's fees schedule set forth in Judiciary Law § 474-a (2) (see, Judiciary Law § 474-a [4]). Because respondent failed to demonstrate that its compensation under the schedule was inadequate, we reverse the Appellate Division order affirming...

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