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Messersmith v. Tate

Leave to Amend Denied for Failure to Submit Entire Proposed Amended Complaint, Reply

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DECISION AND ORDER

*1  Plaintiff is an attorney who represented Ashley Icardi relative to certain criminal charges filed against her in the Village Court of Hoosick Falls in early 2013. Icardi was then struck by a commercial truck in August 2013 and contacted plaintiff to see if he would commence a personal injury action on her behalf. Plaintiff discussed the matter with John Patterson — the attorney with whom he was practicing at that time — and the two agreed to accept the case. Patterson subsequently contacted Robert Becher, an attorney with more experience in personal injury litigation, and an agreement was reached whereby Patterson and Becher would represent Icardi on a contingency basis with each receiving half of any legal fees derived from the lawsuit. Plaintiff stopped practicing with Patterson in May 2014, taking the Icardi file with him upon Patterson’s express consent. Plaintiff thereafter began practicing with defendant under defendant’s firm name, Holbrook, Johnson & Tate. According to plaintiff, he was “friends” with defendant and “look[ed] upon [him] as a mentor in the practice of law.” As a result, he “entered into a business relationship with [d]efendant without executing a detailed written agreement.” With that said, plaintiff states that the two had a verbal agreement whereby ” [p]laintiff would receive a percentage of any legal fees earned on new cases in [d]efendant’s firm…which [p]laintiff performed work on” and, further, that

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