Friedman v. Park Cake, Inc.

Order, Supreme Court, New York County (Marilyn Shafer, J.), entered July 27, 2005, which granted counsel’s motion to withdraw, distribute settlement funds in his possession and receive his legal fee and disbursements, unanimously affirmed, without costs.

Plaintiff agreed to a $90,000 settlement in this personal injury action, but sought to deny compensation to his attorney for the latter’s failure to inform him of a medical lien that purportedly reduced his monetary recovery. He argued that this oversight constituted legal misconduct warranting his discharge of counsel for cause.

It is well…