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HEILBUT v. JOHN DURANTE, INC.

288 A.D.2d 141 (2001)

732 N.Y.S.2d 861

FRANCIS HEILBUT, Plaintiff, v. JOHN DURANTE, INC., et al., Defendants. GEORGE D. ROSENBAUM, Nonparty Appellant; LAURENCE E. JACOBSON, P. C., Nonparty Respondent.

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

Decided November 27, 2001.

The incoming attorney's claim that the outgoing attorney was discharged for cause and therefore is not entitled to any fee was properly rejected for lack of evidence that the complained of delay in bringing the action to trial was caused by the outgoing attorney's malpractice (see, Morrison Cohen Singer & Weinstein v Zuker, 203 A.D.2d 119, 119-120). In addition, the record substantially supports the Special Referee's finding...

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