February 24, 2026

Attorneys' fees

The award of reasonable attorney's fees is within the sound discretion of the Supreme Court based upon such factors as the time and labor required, the difficulty of the issues involved, the skill required to handle the matter, and the effectiveness of the legal work performed. When there is a fee dispute between the current and discharged attorneys for the plaintiff in an action to which there is a contingent fee retainer, the discharged attorney may elect to receive compensation immediately based on quantum meruit or on a contingent percentage fee based on a proportionate share of the work performed on the whole case. 

Del Rosso v. Staten Is. Univ. Hosp., NY Slip Op 00877 (2d Dep't February 18, 2026)

Here is the decision.