We needed a graph to try to figure out who did what to whom in this case. Levy v Laing
2007 NY Slip Op 06765  Decided on September 18, 2007  Appellate Division, First Department

" In 1986, defendant Jeffrey Laing retained plaintiff John Corcos Levy, Esq., for a one-third contingency fee, to prosecute a legal malpractice action against the law firm of Bushin & Rosman (B & R) for B & R’s alleged negligence in an underlying personal injury action. In 1989, an order granting B & R’s motion for summary judgment dismissing the legal malpractice action was reversed by this Court (149 AD2d 351). In 1990, Laing substituted the law firm of Gandin, Schotsky & Rappaport (GSR) for Levy. Levy and GSR then entered into a letter agreement giving Levy a 30% share in GSR’s fee.

In 1993, the B & R legal malpractice action was marked off the calendar for Laing’s failure to appear at a pretrial conference. Four years later GSR attempted to file a note of issue but a second motion by B & R to dismiss the action, this time pursuant to CPLR 3404, was granted. We affirmed (255 AD2d 113 [1998], lv dismissed 93 NY2d 957 [1999]).

Thereafter, in 2000, Laing retained the services of Andrew MacAskill, Esq. to commence a second legal malpractice action, this one against GSR, whose actions and/or inactions during the four-year hiatus had resulted in the final dismissal of the malpractice action against B & R. In 2004, the action against GSR settled for $125,000.

Now, in this action, Levy, appearing pro se, sues former client Laing to recover $10,000 as the reasonable value of his services in the B & R action. He claims that after assisting Laing in the GSR malpractice action, he advised Laing of his position that he was entitled to compensation for the work he did prior to their parting and Laing’s retention of GSR. In response, Laing sent Levy $1000, which Levy rejected. "