Field v. New York City Transit Authority

Appellate Division of the Supreme Court of New York

Field v. New York City Transit Authority

4 A.D.3d 389, 771 N.Y.S.2d 391, 2004 N.Y. App. Div. LEXIS 1313

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

DecidedFebruary 9, 2004

StatusPublished

Cited by7 cases

This text of 4 A.D.3d 389 (Field v. New York City Transit Authority) 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

Field v. New York City Transit Authority, 4 A.D.3d 389, 771 N.Y.S.2d 391, 2004 N.Y. App. Div. LEXIS 1313 (N.Y. Ct. App. 2004).

Pincite

Opinion

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.

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 NY2d 944, 945 [1998]). Thus, the appeal must be dismissed. To the extent that the brief filed purports to be on behalf of the plaintiffs present attorney, no notice of appeal was filed on his behalf (see Geoghegan v Peninsula Hosp. Ctr., 309 AD2d 834 [2003]). 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.

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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.

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 NY2d 944, 945 [1998]). Thus, the appeal must be dismissed. To the extent that the brief filed purports to be on behalf of the plaintiffs present attorney, no notice of appeal was filed on his behalf (see Geoghegan v Peninsula Hosp. Ctr., 309 AD2d 834 [2003]). 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.

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Bluebook (online)

4 A.D.3d 389, 771 N.Y.S.2d 391, 2004 N.Y. App. Div. LEXIS 1313, Counsel Stack Legal Research, https://law.counselstack.com/opinion/field-v-new-york-city-transit-authority-nyappdiv-2004.

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