MATARAZZO BLUMBERG & ASSOCIATES, P. C. v. HYO SHIN BIBLE PRESBYTERIAN CHURCH OF NEW YORK


267 A.D.2d 74 (1999)

699 N.Y.S.2d 385

MATARAZZO BLUMBERG & ASSOCIATES, P. C., Respondent, v. HYO SHIN BIBLE PRESBYTERIAN CHURCH OF NEW YORK, Appellant, and PUBLIC ADJUSTMENT BUREAU, INC., Respondent. (And a Third-Party Action.)

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided December 9, 1999.


The proof that the law firm was presented with a written agreement between its client and the public adjuster, entered into before the law firm had been retained and plainly purporting to entitle the public adjuster to a portion of the settlement proceeds realized as a result of the law firm's efforts on behalf of the client, sufficiently establishes the law firm as a disinterested stakeholder entitled to be discharged under CPLR 1006. The foregoing necessarily entails rejection...

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