SCHNEIDER, KLEINICK v. NYC


302 A.D.2d 183 (2002)

754 N.Y.S.2d 220

SCHNEIDER, KLEINICK, WEITZ, DAMASHEK & SHOOT, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

December 24, 2002.


Attorney(s) appearing for the Case

Diane Welch Bando of counsel (Schneider, Kleinick, Weitz & Damashek, attorneys), for appellant.

Paul L. Herzfeld of counsel (Francis F. Caputo and Gary P. Rosenthal on the brief; Michael A. Cardozo, Corporation Counsel of New York City, attorney), for respondents.

ROSENBERGER, RUBIN and GONZALEZ, JJ., concur.


OPINION OF THE COURT

MAZZARELLI, J.P.

On this appeal we must determine whether attorneys who have been discharged in an action, and who have unsuccessfully attempted to collect their fee from counsel who replaced them and settled the case, may sue the defendant in the underlying matter directly. And, because the City of New York is the defendant in the underlying action, we must also decide whether plaintiff here was required, as a prerequisite, to file...

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