Judgment affirmed.
Respondent is awarded one bill of costs.
Trial Term properly dismissed the second cause of action of the amended complaint wherein plaintiff alleged that he was entitled to a fee based on quantum meruit for services rendered in connection with the trial of an action in which he represented defendant Feuerstein as plaintiff under a contingent fee agreement. That trial ended in a judgment of dismissal against Feuerstein. After judgment was rendered, Feuerstein hired new attorneys who prosecuted an appeal and subsequently settled the action. Plaintiff is not entitled to a fee based on a percentage of the proceeds of the settlement because his contingent fee agreement made no reference to an appeal and the attorney-client relationship terminated after the judgment of dismissal was rendered (see Vitale v La Cour, 92 A.D.2d 892).
We have considered plaintiff's remaining contentions and find them to be without merit. Thompson, J.P., Weinstein, Rubin and Lawrence, JJ., concur.