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LAW OFFS. OF JOEL J. ZIEGLER, P.C. v. STELLACCIO

2018-14655. Index No. 21196/14.

189 A.D.3d 815 (2020)

133 N.Y.S.3d 467

2020 NY Slip Op 07184

Law Offices of Joel J. Ziegler, P.C., Respondent, v. Francis Stellaccio et al., Appellants.

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

Decided December 2, 2020.

Attorney(s) appearing for the Case

Pergolizzi & Associates, Brooklyn, NY ( Victor A. Carr of counsel), for appellants.

Law Offices of Joel J. Ziegler, P.C., Riverhead, NY, respondent pro se.

Balkin, J.P., Cohen, Hinds-Radix and Connolly, JJ., concur.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

The defendant Francis Stellaccio and his wife, the defendant Nancy Stellaccio (hereinafter together the Stellaccios), commenced a medical malpractice action (hereinafter the underlying matter) in 2007, appearing pro se. In September 2008, they retained Joel J. Ziegler and his law firm to represent them in the matter. Their retainer agreement provided for a contingency fee amounting to a percentage...

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