Ordered that the order is affirmed, with costs.
When there is a fee dispute between outgoing and incoming attorneys, "[t]he outgoing attorney may elect to take compensation on the basis of a presently fixed dollar amount based upon quantum meruit for the reasonable value of services or, in lieu thereof, the outgoing attorney has the right to elect a contingent percentage fee based on the proportionate share of the work performed on the whole case" ( Lai Ling Cheng v Modansky Leasing Co., 73 NY2d 454, 458). There is no dispute that William M. Weisberg elected to receive a contingent percentage fee. When considering the amount of time spent by each attorney on the case, the work performed, and the amount of recovery for the client ( see Lai Ling Cheng v Modansky Leasing Co., supra at 458), the Supreme Court providently exercised its discretion in fixing Weisberg's fee at $10,699.64, which was 1% of the total attorney's fee.
The appellant's remaining contentions are either improperly raised for the first time on appeal or without merit.