SCHWENGER v. WEITZ, KLEINICK & WEITZ, LLP

Index No. 159856/18. Appeal No. 13418. Case No. 2020-01077.

192 A.D.3d 606 (2021)

2021 NY Slip Op 01869

Paul Schwenger, Appellant, v. Weitz, Kleinick & Weitz, LLP, et al., Defendants, and Brian Mittman et al., Respondents.

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

Decided March 25, 2021.


Attorney(s) appearing for the Case

Law Offices of Susan C. Warnock, New York ( Susan C. Warnock of counsel), for appellant.

Gordon Rees Scully Mansukhani, LLP, New York ( Joseph Salvo of counsel), for respondents.

Concur—Renwick, J.P., Mazzarelli, Singh, González, JJ.


Where, as here, defendants were retained in writing to represent plaintiff in all proceedings before the Workers' Compensation Board related to his claim, plaintiff made a sufficient showing of a continuing relationship with regard to that proceeding to support his contention of continuous representation (Shumsky v Eisenstein, 96 N.Y.2d 164, 168 [2001]). Defendants' statement in an email that they would not pursue an appeal to the...

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