Lillard v. Carter

Order unanimously affirmed with costs. Memorandum: Supreme Court, on reargument, properly adhered to its initial determination that the outgoing lawyer’s fee be determined at the conclusion of the case. That attorney unequivocally elected to have his contingent percentage fee determined upon settlement or at trial based on the proportionate share of the work performed on the whole case (see, Lai Ling Cheng v Modansky Leasing Co., 73 NY2d 454, 458).

Plaintiff also sought reargument or renewal upon the ground that the outgoing attorney was discharged for cause and was, therefore, not entitled to…