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MATTER OF QUELLER, FISHER, WASHOR, FUCHS & KOOL, LLP v. LAW OFFICES OF LAWRENCE P. BIONDI

2011-02900.

94 A.D.3d 1127 (2012)

942 N.Y.S.2d 793

2012 NY Slip Op 3201

In the Matter of QUELLER, FISHER, WASHOR, FUCHS & KOOL, LLP, Appellant, v. LAW OFFICES OF LAWRENCE P. BIONDI, Respondent.

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

Decided April 24, 2012.

Ordered that the order is affirmed, with costs.

The Supreme Court properly concluded that the petitioner law firm does not have a charging lien entitling it to a percentage of the contingent attorney's fee recovered by a successor law firm through settlement of a second action commenced by that firm. The second action was commenced against a different defendant who was independently liable for the personal injuries sustained by the plaintiff, and the petitioner did...

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