ESQ HQNEW YORK LAW WATCH

Appellate Division, Second Department · September 30, 2026 · 2026 NY Slip Op 05560

Persaud v Muoio

Read the official decision: 2026 NY Slip Op 05560

Holding The court affirmed the lower court’s order enforcing an oral fee-sharing agreement between two attorneys, holding that the agreement was valid and enforceable based on the objective manifestations of the parties’ intent and their subsequent conduct. The court determined that the trial counsel was entitled to 75% of the fees as agreed, rejecting the original counsel’s claim for a larger share.

The court’s words

the courts will not inquire into the precise worth of the services performed by the parties as long as each party actually contributed to the legal work

2026 NY Slip Op 05560, at the official text

Fee-sharing agreements are enforceable as long as the attorney who seeks [a] share of the fee has contributed some work, labor or service

2026 NY Slip Op 05560, at the official text

Molina sent an email in July 2021 that expressly referenced a fee-sharing agreement of 75% to KDLM and 25% to Molina

2026 NY Slip Op 05560, at the official text

the subsequent conduct of KDLM and Molina failed to demonstrate that negotiations regarding fee-sharing were still underway

2026 NY Slip Op 05560, at the official text
CourtAppellate Division, Second Department
DecidedSeptember 30, 2026
Citation2026 NY Slip Op 05560
Area of lawAttorney Discipline and Professional Responsibility
WeekWeek ending October 3, 2026
Official textOfficial decision: 2026 NY Slip Op 05560
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id735

Recommended citation

ESQ HQ, New York Law Watch, Persaud v Muoio, 2026 NY Slip Op 05560 (Appellate Division, Second Department, September 30, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05560/

How this record was made

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

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Published September 30, 2026. Updated September 30, 2026.