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DECOLATOR, COHEN v. LYSAGHT

304 A.D.2d 86 (2003)

756 N.Y.S.2d 147

DECOLATOR, COHEN & DIPRISCO, LLP, Appellant, v. LYSAGHT, LYSAGHT & KRAMER, P.C., Respondent.

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

February 18, 2003.

Attorney(s) appearing for the Case

David S. Gould of counsel (Joseph L. Decolator on the brief; Decolator, Cohen & DiPrisco, LLP, attorneys), for appellant.

Michael G. Kruzynski of counsel (Lewis, Johs, Avallone, Aviles & Kaufman, LLP, attorneys), for respondent.

NARDELLI, J.P., ANDRIAS, BUCKLEY and FRIEDMAN, JJ., concur.

OPINION OF THE COURT

SULLIVAN, J.

In this proceeding, petitioner, a successor law firm (the incoming attorneys) consisting of former associates of a firm (the outgoing attorneys) whose principals have been disbarred, seeks, inter alia, to apportion the contingent legal fee earned in a settled personal injury action in a manner that would limit the outgoing attorneys' compensation for services rendered prior to the disbarment to an amount calculated on an...

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