Garrett v. New York City Health & Hospitals Corp.

Order, Supreme Court, Bronx County (Douglas E. McKeon, J.), entered July 26, 2004, which apportioned 60% of the subject contingency fee to plaintiffs incoming attorney, and 40% to the outgoing attorneys, unanimously affirmed, without costs.

Contrary to the contention of the incoming attorney, the outgoing attorneys were the attorneys of record from December 1989 until their discharge in July 2001. This is evidenced by the fact that on December 12, 1989, plaintiff and the outgoing attorneys (then incoming) executed a notarized consent to change attorney form which clearly indicated that the…