Cohen v. Grainger, Tesoriero & Bell

• Decision Date: 05 February 1996
• Citation: 224 A.D.2d 418,638 N.Y.S.2d 329
• Parties: In the Matter of Max COHEN, etc., Appellant, v. GRAINGER, TESORIERO & BELL, etc., et al., Respondents.
• Court: New York Supreme Court — Appellate Division

Page 329

638 N.Y.S.2d 329

224 A.D.2d 418

In the Matter of Max COHEN, etc., Appellant, v. GRAINGER, TESORIERO & BELL, etc., et al., Respondents.

Supreme Court of New York, Appellate Division,

Second Department.

Feb. 5, 1996.

Irving W. Fein, New York City, for appellant.

Bosco, Bisignano & Mascolo, Staten Island (Robert E. Higgins, of counsel), for respondents Florrie L. Wertheimer, P.C. & Florrie L. Wertheimer.

In a proceeding pursuant to Judiciary Law § 475 to enforce an attorney's lien, the petitioner appeals on the ground of inadequacy from an amended judgment of the Supreme Court, Richmond County (Leone, J.), dated January 12, 1995, which is in his favor and against the respondents in the principal sum of $7,853.92.

ORDERED that the amended judgment is affirmed, with costs.

We reject the appellant's contention that the Supreme Court improperly followed the remittitur instructions of the Court of Appeals in Matter of Cohen v. Grainger, Tesoriero & Bell, 81 N.Y.2d 655, 602 N.Y.S.2d 788, 622 N.E.2d 288, when it determined the appellant's fee. The Supreme Court properly calculated the appellant's fee in accordance with those instructions, and the amount awarded to the appellant was reasonable in all respects.

ROSENBLATT, J.P., and SULLIVAN, COPERTINO, SANTUCCI and GOLDSTEIN, JJ., concur.