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ABENANTE v. STAR GAS CORPORATION

33 A.D.3d 638 (2006)

821 N.Y.S.2d 911

JAMES ABENANTE et al., Plaintiffs, v. STAR GAS CORPORATION, Doing Business as COLEMAN GAS SERVICE, Defendant. WILLIAM M. WEISBERG, Nonparty Appellant; MEISELMAN, DENLEA, PACKMAN & EBERZ, P.C., Nonparty Respondent.

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

Decided October 10, 2006.

Ordered that the order is affirmed, with costs.

When there is a fee dispute between outgoing and incoming attorneys, "[t]he outgoing attorney may elect to take compensation on the basis of a presently fixed dollar amount based upon quantum meruit for the reasonable value of services or, in lieu thereof, the outgoing attorney has the right to elect a contingent percentage fee based on the proportionate share of the work performed...

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