SPEKEN v. COLUMBIA PRESBYTERIAN MEDICAL CENTER


284 A.D.2d 229 (2001)

726 N.Y.S.2d 652

RALPH H. SPEKEN et al., Respondents, v. COLUMBIA PRESBYTERIAN MEDICAL CENTER et al., Defendants. CLAIRE PARE, Nonparty Appellant.

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

Decided June 21, 2001.


Plaintiffs' son died allegedly as a result of defendants' medical malpractice. Defendants counterclaimed for indemnification and contribution against one of the plaintiffs, a doctor, alleging that he treated his son and committed malpractice himself. Pare was retained to defend Dr. Speken on the counterclaim. By the terms of the retainer, Pare was to be compensated in the amount of 25% of the net proceeds received by plaintiffs...

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