A state appeals court has tossed out a deceased solo practitioner’s widow’s suit for attorney fees based on a client referral her late husband made in a medical malpractice case, writing that he “was merely … a finder” of the case’s plaintiff who did not contribute “work, labor or service” in the case.
An Appellate Division, Second Department panel turned back plaintiff Maxine Moss’ lawsuit aimed at collecting a share of attorney fees in the malpractice case from personal-injury litigation boutique firm, Gurfein Douglas, writing in an opinion that “an attorney who seeks a share of the fee pursuant to … an agreement must have contributed some work, labor, or service toward the earning of the fee,” citing Benjamin v. Koeppel and two other precedential New York decisions.
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