DeSalvatore v. Lavigne

Order unanimously modified *514on the law and as modified affirmed without costs, in accordance with the following memorandum: Special Term properly permitted petitioners to withdraw as plaintiff’s counsel (see, Sansiviero v Sanders, 117 AD2d 794, 795, lv dismissed 68 NY2d 805) and properly granted petitioners a charging lien against moneys plaintiff may recover due to petitioners’ efforts in the litigation (see, Judiciary Law § 475; Matter of Heinsheimer, 214 NY 361, 364-365). Special Term erred, however, in prematurely setting the amount of the lien at one third of any settlement or verdict up…