Fischbarg v. Doucet

Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered July 16, 2008, which, to,the extent appealed from as limited by the brief, denied defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff’s failure to provide defendants with a writing identifying the method by which the contingency fee was to be determined and how expenses were to be paid, in violation of former Code of Professional Responsibility DR 2-106 (d) (22 NYCRR 1200.11 [d]) (now Rules of Professional Conduct rule 1. 5 [c] [22 NYCRR 1200.5 (c)]), does…