Brechman v. Finkelstein

Appellate Division of the Supreme Court of New York

Brechman v. Finkelstein

50 A.D.2d 584, 375 N.Y.S.2d 847, 1975 N.Y. App. Div. LEXIS 12362

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 17, 1975

StatusPublished

This text of 50 A.D.2d 584 (Brechman v. Finkelstein) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brechman v. Finkelstein, 50 A.D.2d 584, 375 N.Y.S.2d 847, 1975 N.Y. App. Div. LEXIS 12362 (N.Y. Ct. App. 1975).

Pincite

Opinion

— 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.

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— 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.

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Bluebook (online)

50 A.D.2d 584, 375 N.Y.S.2d 847, 1975 N.Y. App. Div. LEXIS 12362, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brechman-v-finkelstein-nyappdiv-1975.