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KARELSEN v. KAISER

283 A.D.2d 330 (2001)

726 N.Y.S.2d 404

KURZMAN KARELSEN & FRANK, L. L. P., Appellant, v. DANIEL J. KAISER, ESQ., et al., Respondents.

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

Decided May 24, 2001.

When Kaiser left plaintiff's firm, he took a case with him, promising, by letter, to pay plaintiff a specified part of any contingency fee he received. Kaiser, Saurborn and Mair later formed KSM, which succeeded Kaiser as attorney of record in that case, which was settled after trial. KSM received substantial fees but paid no part to plaintiff. There is no merit to plaintiff's claim that with respect to these fees, defendants owed it a fiduciary duty under Code of Professional...

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