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Brechman v. Finkelstein

Appellate Division of the Supreme Court of New York, Second Department
Nov 17, 1975
50 A.D.2d 584 (N.Y. App. Div. 1975)

Opinion

November 17, 1975


The respective attorneys on this appeal (for plaintiff's former attorney and plaintiff's present attorneys) from an order of the Supreme Court, Queens County, entered July 1, 1975, have agreed by stipulation dated October 8, 1975, after a conference before Mr. Justice Gittleson on said date, that said order be modified by (1) deleting that portion of the decretal paragraph thereof which fixed the fee of the withdrawing attorney at 20% "of the net attorney's fee, plus disbursements" and (2) substituting therefor a provision that the fixing of the fee of the withdrawing attorney shall be deferred until the conclusion of the case, whether by trial or settlement, at which time, upon notice, a hearing shall be held before a Justice of the Supreme Court, Kings County, to determine the fee of the withdrawing attorney based upon a percentage of the net fee of the substituted attorneys. In accordance with the foregoing, the order is modified as so provided in said stipulation, and the order is affirmed as so modified, without costs. Gulotta, P.J., Rabin, Hopkins, Martuscello and Latham, JJ., concur.


Summaries of

Brechman v. Finkelstein

Appellate Division of the Supreme Court of New York, Second Department
Nov 17, 1975
50 A.D.2d 584 (N.Y. App. Div. 1975)
Case details for

Brechman v. Finkelstein

Case Details

Full title:LOUIS BRECHMAN, as Administrator, Appellant, v. JACOB FINKELSTEIN et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 17, 1975

Citations

50 A.D.2d 584 (N.Y. App. Div. 1975)