Legal Opinion
Schneebalg v. Lincoln Security Life Insurance
Appellate Division of the Supreme Court of the State of New York
Decided March 18, 1996PublishedCited by 5 opinions
1Opinion of the Court
It is well settled that when a dispute about the fee to be paid to a discharged attorney is between the discharged attorney and the incoming attorney, the discharged attorney may elect to receive immediate compensation for the reasonable value of his services based on quantum meruit or he may elect to receive a contingent percentage fee based on his proportionate share of the work performed (see, Matter of Cohen v Grainger, Tesoriero & Bell, 81 NY2d 655; Lai Ling Cheng v Modansky Leasing Co., 73 NY2d 454; Michels v Drexler, 166 AD2d 695).
The outgoing attorney in this case, the appellant,…
2Cases cited3 opinions
- Lai Ling Cheng v. Modansky Leasing Co.New York Court of Appeals · 1989
- Cohen v. Grainger, Tesoriero & BellNew York Court of Appeals · 1993
- Michels v. DrexlerAppellate Division of the Supreme Court of the State of New York · 1990
3Cited by5 opinions
- Padilla v. SansivieriAppellate Division of the Supreme Court of the State of New York · 2006
- Gary E. Rosenberg, P. C. v. McCormackAppellate Division of the Supreme Court of the State of New York · 1998
- Wingate, Russotti & Shapiro, LLP v. Friedman, Khafif & AssociatesAppellate Division of the Supreme Court of the State of New York · 2007
- Jacoby & Meyers Law Offices, L. L. P. v. Gorayeb & AssociatesAppellate Division of the Supreme Court of the State of New York · 2001
- Malerba v. CliffordAppellate Division of the Supreme Court of the State of New York · 2005