Padilla v. Sansivieri
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Ritter, J.P.
This case involves an award of an attorney’s fee to outgoing counsel in a fee dispute between incoming and outgoing counsel in a personal injury action that was settled after outgoing counsel was disbarred for conduct unrelated to the case. We hold that compensation to disbarred outgoing counsel is limited to a portion of the contingent fee calculated according to the rule of quantum meruit.
Under this Court’s rules, a disbarred attorney may recover legal fees for services rendered prior to disbarment (see 22 NYCRR 691.10 [b]). However, such fees are capped by…
2Cases cited14 opinions
- Lai Ling Cheng v. Modansky Leasing Co.New York Court of Appeals · 1989
- Cohen v. Grainger, Tesoriero & BellNew York Court of Appeals · 1993
- Decolator, Cohen & DiPrisco, LLP v. Lysaght, Lysaght & Kramer, P.C.Appellate Division of the Supreme Court of the State of New York · 2003
- Paulsen v. HalpinAppellate Division of the Supreme Court of the State of New York · 1980
- Reubenbaum v. B. & H. Express, Inc.Appellate Division of the Supreme Court of the State of New York · 1958
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3Cited by23 opinions
- Callaghan v. CallaghanAppellate Division of the Supreme Court of the State of New York · 2008
- Gould v. DecolatorAppellate Division of the Supreme Court of the State of New York · 2015
- DeGregorio v. BenderAppellate Division of the Supreme Court of the State of New York · 2008
- Heller v. Emanuel (In Re Emanuel)District Court, S.D. New York · 2011
- Hinds v. KilgallenAppellate Division of the Supreme Court of the State of New York · 2011
18 more not listed; retrieve them via the Exa API.