In the Matter of Max Cohen, Appellant v. Grainger, Tesoriero & Bell, Respondents

Summary

The New York Court of Appeals held that a discharged attorney retains a statutory lien on any recovery obtained by a successor attorney, even when the recovery is secured in federal court, and that, absent a timely election, the presumption is that the attorney elected a contingent fee based on a percentage of the recovery. Accordingly, the Court reversed the Appellate Division and remanded for further proceedings.