Judge Lynn Kotler
Claimant Sedaghati sought $5,000 for legal work she claimed she performed for client Nemandoust, on a personal injury action, which attorney Mansouri subsequently took over. Mansouri moved for dismissal of the action and summary judgment, as well as $5,250 for her costs and disbursement, and sanctions against claimant. Nemandoust allegedly fired claimant for cause and retained Mansouri, who sent claimant a check for expenses and disbursements. Mansouri then settled Nemandoust's claim for $33,000, detailing the work performed on the action. Her contingency fee was $8,000, of which claimant sought $5,000. The court noted it was undisputed claimant never appeared as attorney of record in the action, nor did she file a proper notice of lien under Judiciary Law §475-a, ruling she was not entitled to a charging lien. It found claimant sought more than half of the fee Mansouri obtained for performing minimal and administrative work, finding she failed to come forward with sufficient proof of the work she allegedly performed to warrant any award under a quantum meruit theory. Yet, the court stated Mansouri was not entitled to attorney fees or sanctions against claimant, but was granted summary judgment dismissing the action.
