Krug v. Offerman, Fallon, Mahoney & Cassano

Appeal (transferred to this Court by order of the Appellate Division, Fourth Department) from an order of the Supreme Court (Dadd, J.), entered April 1, 1996 in Erie County, which, inter alia, denied defendants’ motion to dismiss the complaint for perpetrating a fraud upon the court.

This is an action to recover a percentage of legal fees received by defendants in a personal injury action wherein plaintiff rendered legal services to defendants and their client in connection with that part of the case which required plaintiffs Workers’ Compensation Law expertise. On a previous appeal (214 AD2d…