LESSOFF v. BERGER


2 A.D.3d 127 (2003)

767 N.Y.S.2d 605

JEFFREY LESSOFF, Appellant, v. JOEL BERGER, Respondent.

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

December 2, 2003.


The subject agreement, after transferring all of the firm's cases and other assets to defendant, provides that the firm's net profits from open cases are to be divided equally between the parties "in accordance with the law." The law does not permit a suspended attorney to share in fees earned during the period of his suspension. Thus, with respect to cases that were open at the time of his suspension, plaintiff's share in any fees paid after his suspension is limited to...

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