RUTA SOULIOS, LLP v. LITMAN LITMAN, P.C

The motion court properly found plaintiff law firm entitled to a portion of the contingent fee recovered by defendants in the underlying action based upon its proportionate share of the work performed on the entire case ( see Matter of Cohen v. Grainger, Tesoriero Bell, 81 NY2d 655; Lai Ling Cheng v. Modansky Leasing Co., 73 NY2d 454). Contrary to appellants' argument, the absence of a charging lien pursuant to Judiciary Law § 475 is not preclusive of plaintiff outgoing law firm's claim to part of the contingent fee ( Lai Ling Cheng, 73 NY2d at 458). [ See 9 Misc 3d 1123(A), 2005 NY Slip Op 51756(U) (2005).]