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VILLANO v. BEESON

3 A.D.3d 344 (2004)

769 N.Y.S.2d 892

ESTELLE VILLANO, Plaintiff, v. CATHERINE L. BEESON, D.D.S., et al., Defendants. HARRY H. KUTNER, JR., Nonparty Appellant; KRESCH & KRESCH, Nonparty Respondent.

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

January 8, 2004.

There is no merit to the claim of incoming counsel, appellant Kutner, that Kresch & Kresch, as outgoing counsel, was not entitled to any portion of the contingency fees owing for plaintiff's representation. While Kresch & Kresch made an offer to withdraw, Kutner may not rely on that offer since the offer was not accepted by plaintiff. Furthermore, Kutner agreed to an allocation of fees when he ultimately agreed to represent...

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