From Casetext: Smarter Legal Research

Field v. New York City Tr. Auth

Appellate Division of the Supreme Court of New York, Second Department
Feb 9, 2004
4 A.D.3d 389 (N.Y. App. Div. 2004)

Opinion

2003-02493.

Decided February 9, 2004.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Knipel, J.), dated March 4, 2003, which, inter alia, granted that branch of the motion of his former attorney which was, in effect, for a share of the net attorney's fees to the extent of directing his present attorney to pay 25% of the net attorney's fees earned as a result of the settlement of the action to the former attorney.

Irwin R. Kaplan, Brooklyn, N.Y. (Cary Hunter Kaplan of counsel), for appellant.

Lisa L. George, Brooklyn, N.Y., nonparty-respondent pro se.

Before: DAVID S. RITTER, J.P., SONDRA MILLER, SANDRA L. TOWNES, STEPHEN G. CRANE and REINALDO E. RIVERA, JJ.


DECISION ORDER

ORDERED that the appeal is dismissed, with costs to the respondent.

The appellant is not aggrieved by the order ( see CPLR 5511; Scopelliti v. Town of New Castle, 92 N.Y.2d 944, 945). Thus, the appeal must be dismissed. To the extent that the brief filed purports to be on behalf of the plaintiff's present attorney, no notice of appeal was filed on his behalf ( see Geoghegan v. Peninsula Hosp. Ctr., 309 A.D.2d 834). In any event, the order was entered upon the present attorney's default in answering the motion ( see CPLR 5511).

RITTER, J.P., S. MILLER, TOWNES, CRANE and RIVERA, JJ., concur.


Summaries of

Field v. New York City Tr. Auth

Appellate Division of the Supreme Court of New York, Second Department
Feb 9, 2004
4 A.D.3d 389 (N.Y. App. Div. 2004)
Case details for

Field v. New York City Tr. Auth

Case Details

Full title:HAROLD FIELD, appellant, v. NEW YORK CITY TRANSIT AUTHORITY, ET AL.…

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

Date published: Feb 9, 2004

Citations

4 A.D.3d 389 (N.Y. App. Div. 2004)
771 N.Y.S.2d 391

Citing Cases

Maldonaldo v. City of New York

We do not, however, rest our determination on this ground, since it was raised for the first time on appeal (…

Golebieski v. City of Buffalo

Opinion It is hereby ORDERED that said appeal is unanimously dismissed without costs (see CPLR 5511 ; Field…