Pincus v. Family Dental Services

— In actions to recover damages for dental malpractice, Charles Berkman, the prior counsel for the plaintiffs appeals from so much of an order of the Supreme Court, Queens County (Sacks, J.), dated November 7, 1986, as, upon a motion by the plaintiffs’ current counsel for a determination of the distribution of fees and expenses, and upon the appellant’s default in appearing at the hearing on the motion, awarded him a fee of only $2,000 and disbursements of only $3,000.

Ordered that the appeal is dismissed, with costs, without prejudice to an application at the Supreme Court, Queens County, for…