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PADILLA v. SANSIVIERI

31 A.D.3d 64 (2006)

815 N.Y.S.2d 173

FABIAN PADILLA et al., Plaintiffs, v. LINDA C. SANSIVIERI et al., Defendants. CHRISTOPHER S. OLSON, Nonparty Appellant-Respondent; GEORGE R. BISSEL, as Executor of ROBERT F. MALERBA, Nonparty Respondent-Appellant.

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

May 9, 2006.

Attorney(s) appearing for the Case

Lazer, Aptheker, Rosella & Yedid, P.C., Melville (David Lazer and Russell Penzer of counsel), for appellant-respondent.

Pliskin, Rubano & Baum, Flushing (Joseph Baum of counsel), for respondent-appellant.

SPOLZINO, FISHER and DILLON, JJ., concur.

OPINION OF THE COURT

RITTER, J.P.

This case involves an award of an attorney's fee to outgoing counsel in a fee dispute between incoming and outgoing counsel in a personal injury action that was settled after outgoing counsel was disbarred for conduct unrelated to the case. We hold that compensation to disbarred outgoing counsel is limited to a portion of the contingent fee calculated according to the rule of quantum meruit.

Under this Court's rules...

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