In Pessoni v. Rabkin, 220 AD2d 732 [2d Dept 1995], an attorney who formerly represented the driver of an automobile involved in a collision also represented the driver's wife and children, who had been passengers. The court denied a motion for a hearing to determine the attorney's quantum meruit share of attorney fees generated by settlement of claims asserted by wife and children holding that the attorney should have declined to represent the driver, wife and children in the first instance.