Griffin v. F.J. Sciame Construction Co.

Appellate Division of the Supreme Court of New York

Griffin v. F.J. Sciame Construction Co.

267 A.D.2d 100, 700 N.Y.S.2d 133, 1999 N.Y. App. Div. LEXIS 13003

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

DecidedDecember 14, 1999

StatusPublished

Cited by1 cases

This text of 267 A.D.2d 100 (Griffin v. F.J. Sciame Construction Co.) 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

Griffin v. F.J. Sciame Construction Co., 267 A.D.2d 100, 700 N.Y.S.2d 133, 1999 N.Y. App. Div. LEXIS 13003 (N.Y. Ct. App. 1999).

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Opinion

—Orders, Supreme Court, New York County (Richard Braun, J.), entered May 11, 1998, which, in this wrongful death action, inter alia, granted respondent’s motion for an order directing appellant outgoing attorneys to stop work on this case and deliver the file immediately to incoming attorneys, denied appellant’s cross motion for reimbursement, securing of a lien and sanctions, and imposed sanctions on appellant for frivolous litigation, unanimously affirmed, with costs.

This Court has previously found that appellant outgoing attorneys, while acting as attorneys to the estate of Leo Williams, took positions adverse to the interests of the estate’s sole distributee in an attempt to retain control of the estate’s wrongful death action and to collect legal fees (Matter of Williams, 245 AD2d 126). Appellant is not entitled to fees incurred during the course of that conflict-ridden representation (see, Teichner v W & J Holsteins, 64 NY2d 977, 979), which were entirely unauthorized. We have considered appellant’s remaining contentions and find them unavailing. Concur — Sullivan, J. P., Nardelli, Wallach, Saxe and Friedman, JJ.

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—Orders, Supreme Court, New York County (Richard Braun, J.), entered May 11, 1998, which, in this wrongful death action, inter alia, granted respondent’s motion for an order directing appellant outgoing attorneys to stop work on this case and deliver the file immediately to incoming attorneys, denied appellant’s cross motion for reimbursement, securing of a lien and sanctions, and imposed sanctions on appellant for frivolous litigation, unanimously affirmed, with costs.

This Court has previously found that appellant outgoing attorneys, while acting as attorneys to the estate of Leo Williams, took positions adverse to the interests of the estate’s sole distributee in an attempt to retain control of the estate’s wrongful death action and to collect legal fees (Matter of Williams, 245 AD2d 126). Appellant is not entitled to fees incurred during the course of that conflict-ridden representation (see, Teichner v W & J Holsteins, 64 NY2d 977, 979), which were entirely unauthorized. We have considered appellant’s remaining contentions and find them unavailing. Concur — Sullivan, J. P., Nardelli, Wallach, Saxe and Friedman, JJ.

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Bluebook (online)

267 A.D.2d 100, 700 N.Y.S.2d 133, 1999 N.Y. App. Div. LEXIS 13003, Counsel Stack Legal Research, https://law.counselstack.com/opinion/griffin-v-fj-sciame-construction-co-nyappdiv-1999.

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