MATTER OF COOPER

File No. 371494/12. 2018-11761.

195 A.D.3d 928 (2021)

146 N.Y.S.3d 528

2021 NY Slip Op 04019

In the Matter of Arnold Cooper, Deceased. Mitchell D. Kessler, Appellant; Levine & Grossman, Respondent.

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

Decided June 23, 2021.


Attorney(s) appearing for the Case

Mitchell D. Kessler, New York, NY, appellant pro se.

Levine & Grossman, Mineola, NY (Michael Grossman of counsel), respondent pro se.

LaSalle, P.J., Chambers, Austin, and Wooten, JJ., concur.


Ordered that the order is modified, on the facts and in the exercise of discretion, by increasing the award to the petitioner to 80% of the net contingency fee in the underlying action and reducing the award to the respondent to 20% of the net contingency fee in the underlying action; as so modified, the order is affirmed, with costs to the petitioner.

On May 17, 2010, the petitioner, an attorney, was hired by the respondent, a law firm. In addition to his salary...

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