OCASIO v. SCHWERTZ


284 A.D.2d 443 (2001)

726 N.Y.S.2d 571

SARAH OCASIO, Plaintiff, v. PAMELA J. SCHWERTZ et al., Defendants. (Action No. 1.) PAMELA J. SCHWERTZ, Respondent, et al., Plaintiffs, v. PATRICK LAWRENCE et al., Defendants. STEVEN D. DOLLINGER, Nonparty Appellant. (Action No. 2.)

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

Decided June 18, 2001.


Ordered that the order is affirmed, with costs.

When there is a fee dispute between outgoing and incoming attorneys, the outgoing attorney may elect to receive either immediate compensation based on quantum meruit for the reasonable value of services rendered or a contingent percentage fee based on the proportionate share of the work performed on the entire case (see, Lai Ling Cheng v Modansky Leasing Co.,

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