Castellanos v. Cbs Inc.
| Decision Date | 10 November 2011 |
| Parties | Elvis CASTELLANOS, Plaintiff,v.CBS INC., et al., Defendants.The Taub Law Firm, PC, Nonparty Appellant,v.Keogh Crispi, P.C., Nonparty Respondent. |
| Court | New York Supreme Court — Appellate Division |
OPINION TEXT STARTS HEREThe Taub Law Firm, PC, New York (Elliot H. Taub of counsel), for appellant.Levine & Gilbert, New York (Harvey A. Levine of counsel), for respondent.
Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered April 25, 2011, which, in a dispute between plaintiff's outgoing and incoming counsel as to the division of a contingency fee earned in a personal injury action, apportioned 60% of the fee to plaintiff's incoming attorneys and 40% to the outgoing attorneys, unanimously modified, on the facts, to amend the amount of the net contingency fee from $116,660 to $115,314.61, and otherwise affirmed, without costs.
The motion court providently exercised its discretion in apportioning the contingency fee ( see Garrett v. New York City Health & Hosps. Corp., 25 A.D.3d 424, 425, 808 N.Y.S.2d 196 [2006] ). The court properly considered all relevant factors, including time spent on the case, the quality of the work performed, and the amount recovered ( see Diakrousis v. Maganga, 61 A.D.3d 469, 878 N.Y.S.2d 668 [2009] ). We modify solely to correct the amount of the total fee to be apportioned.
*340 We have considered the incoming counsel's remaining arguments and find them unavailing.
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