Legal Opinion
Campagnola v. Mulholland
New York Court of Appeals
Decided May 8, 1990PublishedCited by 127 opinions
1Opinion of the Court
OPINION OF THE COURT
Alexander, J.
In this action for legal malpractice, defendant attorneys seek to offset against any damages recoverable by the plaintiff clients, the contingent fee provided for in the retainer agreement executed between them in respect to the underlying personal injury claim. We hold that in the circumstances of this case, such an offset is impermissible.
*40I
This case having reached us on appeal in the pleading stage, we accept the essential facts as alleged in the complaint. In September 1984, plaintiff Kathleen Campagnola was struck by a car while working as a school…
2Cases cited25 opinions
- Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
- Servidone Construction Corp. v. Security InsuranceNew York Court of Appeals · 1985
- Martin v. . CampNew York Court of Appeals · 1916
- Carmel v. LunneyNew York Court of Appeals · 1987
- Baker v. . DrakeNew York Court of Appeals · 1873
20 more not listed; retrieve them via the Exa API.
3Cited by127 opinions
- Rudolf v. Shayne, Dachs, Stanisci, Corker & SauerNew York Court of Appeals · 2007
- Santulli v. Englert, Reilly & McHugh, P. C.New York Court of Appeals · 1992
- Fraternity Fund Ltd. v. Beacon Hill Asset Management, LLCDistrict Court, S.D. New York · 2007
- King v. FoxNew York Court of Appeals · 2006
- Saffer v. WilloughbySupreme Court of New Jersey · 1996
122 more not listed; retrieve them via the Exa API.