The New York Appellate Division recently made a significant ruling regarding attorney fees in a personal injury case. The court's decision affects how fees are divided between attorneys when a client switches representation. In this particular case, David S. Kohn, the former attorney, was awarded a larger share of the contingency fee than initially granted by the lower court.

The case, titled Matter of Polizzotto & Polizzotto, LLC v. Kohn, was decided on November 4, 2026, under docket number 2025-04887. The ruling came after Kohn appealed a March 2025 order from the Supreme Court of Nassau County, which had awarded 80% of the net contingency fee to Polizzotto & Polizzotto, LLC, and only 20% to Kohn.

Background

The dispute began when Maryum Qureshi hired David S. Kohn to represent her in a personal injury action following an accident. Kohn successfully negotiated a settlement offer of $500,000 for Qureshi. However, Qureshi later decided to switch attorneys and retained Polizzotto & Polizzotto, LLC, which ultimately secured a higher settlement of $600,000.

After the settlement, Polizzotto & Polizzotto initiated a proceeding under Judiciary Law § 475 to determine how to apportion the attorney's fees between the two firms. The case was brought before the Supreme Court, which held a hearing to evaluate the contributions of both attorneys to the case.

The Ruling

The Appellate Division ruled in favor of Kohn, reversing the lower court's decision. The court found that Kohn's contributions to the case were significantly greater than those of Polizzotto & Polizzotto. The ruling stated, "the record reflects that Kohn's contributions to the personal injury action were both proportionally and substantively greater than those of the petitioner."

The judges on the panel included Betsy Barros, Valerie Brathwaite Nelson, Laurence L. Love, and Susan Quirk. They noted that Kohn had conducted the initial investigation, developed the case's theory of liability, and handled various legal tasks that were crucial to achieving the settlement. In contrast, the court found that Polizzotto's contributions were limited to updating medical records and continuing negotiations.

Impact

This ruling has important implications for how attorney fees are divided in personal injury cases, particularly when clients change representation. The court emphasized that the apportionment of attorney fees is based on the circumstances and contributions of each attorney involved. The decision reinforces the principle that the attorney who does more substantial work on a case should receive a larger share of the fees.

By awarding Kohn 83⅓% of the net contingency fee and Polizzotto only 16⅔%, the court set a precedent that may influence future disputes over attorney fees in similar cases. This ruling highlights the importance of documenting contributions and the work performed throughout the legal process.

What's Next

It is unclear whether Polizzotto & Polizzotto will appeal this decision. The court filing did not provide information about any related cases pending or further legal actions that may arise from this ruling.