Opinion
2665N.
Decided on January 8, 2004.
Order, Supreme Court, Bronx County (Anne Targum, J.), entered on or about September 23, 2002, which, inter alia, granted the motion of nonparty respondents Kresch Kresch for an order directing that nonparty appellant Kutner pay to Kresch Kresch a portion of the contingency fees for the representation of plaintiff in this action, unanimously affirmed, with costs.
Pro Se.
Alexander J. Wulwick, for Respondent.
Before: Nardelli, J.P., Sullivan, Rosenberger, Lerner, Gonzalez, JJ.
There is no merit to the claim of incoming counsel, appellant Kutner, that Kresch Kresch, as outgoing counsel, were not entitled to any portion of the contingency fees owing for plaintiff's representation. While Kresch Kresch made an offer to withdraw, Kutner may not rely on that offer since the offer was not accepted by plaintiff. Furthermore, Kutner agreed to an allocation of fees when he ultimately agreed to represent plaintiff.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.