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KOSTER, BRADY & NAGLER, LLP v. CALLAN

Index No. 654117/15. Appeal No. 14575. Case No. 2021-00533.

199 A.D.3d 458 (2021)

154 N.Y.S.3d 221

2021 NY Slip Op 06085

Koster, Brady & Nagler, LLP, et al., Appellants, v. Paul F. Callan, Respondent, et al., Defendants.

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

Decided November 9, 2021.

Attorney(s) appearing for the Case

Mauro Lilling Naparty LLP, Woodbury ( Seth M. Weinberg of counsel), for appellants.

Robert & Robert, PLLC, Uniondale ( Clifford S. Robert of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Oing, Moulton, Scarpulla, JJ.

The alleged fee sharing agreement, which was between plaintiff law firm and its withdrawing partner, did not run afoul of rule 1.5 of the Rules of Professional Conduct (22 NYCRR 1200.0) (Marin v Constitution Realty, LLC, 28 N.Y.3d 666, 672 [2017]). Nor was the agreement, which provided the same compensation for ongoing contingency matters to partners, whether they stayed at the firm or left, an improper restraint on the practice...

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