In Motion No. 009, Claire Pare, Esq. (hereinafter "Pare"), the

former attorney for Dr. Speken in connection with the defense of a

counterclaim asserted against him, also moves, by order to show

cause, for an order apportioning the attorneys’ fee awards in this


          In Motion No. 010, plaintiffs move for an order: (1) vacating

and setting aside the General Release on the ground of fraud; (2)

vacating the attorneys’ liens which are associated with the General

Release; and (3) withdrawing the Note of Issue.


          On August 21, 1993, Seth Speken was admitted to the Hospital

as a psychiatric patient following a seizure episode. The

emergency services triage report reflects that Seth Speken suffered

from Crohn’s disease, panic attacks and depression. In addition,

the report states that he was recently placed on Elavil by an

outside psychiatrist, that his father was treating him, and that

Dr. Speken had given his son a dose of Bethanachol. Prior to Seth

Speken’s admission, Dr. Speken had treated his son’s panic

disorder. As part of this treatment, he prescribed the drug Xanax

(a benzodiazepine) for Seth Speken. During his stay at the

hospital, Seth Speken allegedly became delusional and delirious.

He was then placed in wrist and ankle restraints. Consequently,

Seth Speken developed an embolism that caused his death.

          Subsequently, plaintiffs engaged Thomas R. Moore, Esq.

(hereinafter "Moore") to bring a civil wrongful death action

against the Hospital. Plaintiffs signed the standard statutory

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