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JEFFREY LESSOFF, Plaintiff-Appellant, v. JOEL BERGER, Defendant-Respondent.

The subject agreement, after transferring all of the firm's cases and other assets to defendant, provides that the firm's net profits from open cases are to be divided equally between the parties "in accordance with the law." The law does not permit a suspended attorney to share in fees earned during the period of his suspension. Thus, with respect to cases that were open at the time of his suspension, plaintiff's share in any fees paid after his suspension is limited to the quantum meruit value of any work he performed prior to his suspension ( 22 NYCRR 603.13[b]; see Eisen v. Feder, 307 A.D.2d 817). We have considered and rejected plaintiff's other arguments.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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LESSOFF v. BERGER
(Dec 2, 2003)