Evans v. Garcia

200 A.D.3d 606

155 N.Y.S.3d 773 (Mem)

Thomas EVANS, Plaintiff,

v.Pablo GARCIA et al., Defendants.

Harry I. Katz P.C., Nonparty Appellant,

v.Kaston & Aberle, LLP, Nonparty Respondent

14930

Index No. 25345/16E

Case No. 2020-03091

Supreme Court, Appellate Division, First Department, New York.

ENTERED December 28, 2021

Shayne, Dachs, New York (Jonathan A. Dachs of counsel), for appellant.

Kaston & Aberle, LLP, Mineola (Richard M. Aberle of counsel), for respondent.

Webber, J.P., Mazzarelli, Gesmer, Gonza´lez, Rodriguez, JJ.

Order, Supreme Court, Bronx County (John R. Higgitt, J.), entered June 17, 2020, which, after a hearing to determine the apportionment of legal fees, awarded 55% of the contingency fee to incoming counsel, Kaston & Aberle, LLP (K & A) and 45% to outgoing counsel, Harry I. Katz, P.C. (Katz Firm), unanimously modified, on the facts and in the exercise of discretion, to increase the apportionment of the fee to the Katz Firm to 75% and reduce the apportionment to K & A to 25%, and, as so modified, affirmed, without costs.

The record shows that the Katz Firm performed the bulk of the work that contributed to the settlement of plaintiff's case and that it is therefore entitled to a larger share of the fees (see e.g. Diakrousis v. Maganga, 61 A.D.3d 469, 878 N.Y.S.2d 668 [1st Dept. 2009] ; Sammon v. Green, 63 A.D.2d 872, 873, 405 N.Y.S.2d 466 [1st Dept. 1978] ; Tucker v. Schwartzapfel Lawyers, P.C., 196 A.D.3d 527, 529, 150 N.Y.S.3d 326 [2d Dept. 2021] ). During the 13 months that the Katz Firm managed the case, it prepared and laid the groundwork for the settlement by, among other things, investigating the accident scene; preparing, filing, and serving the summons and complaint and bill of particulars; serving and responding to discovery demands; obtaining summary judgment on the issue of...